Bombay High Court
Shri. Bharat Vithoba Masal And Ors vs Bratuhari Maruti Shendage And Ors on 27 November, 2018
Author: K.K. Tated
Bench: K.K. Tated
941.8051.18-wp.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8051/2018
Bharat Vithoba Masal & Ors. ... Petitioners
V/s.
Bratuhari Maruti Shendage & Ors. ... Respondents
Mr. V. S. Talkute for the Petitioners
Mr. Surel S. Shah for Respondent Nos. 1 to 12.
CORAM: K.K. TATED, J.
DATED : NOVEMBER 27, 2018 P.C. :
1 Heard. By this Writ Petition under Article 227 of the Constitution of India, the Petitioner seeks to challenge the order dated 11.07.2018 passed by the learned District Judge, Pandharpur in Misc. Civil Appeal No. 37/2018.
2 The learned counsel for the Respondent Defendant submits that Regular Civil Suit No. 627/2017 against which the Petitioner had filed Misc. Civil Appeal No.37/2018, itself is dismissed by order dated 24.09.2018. Hence, nothing survives in the Writ Petition.
3 The learned counsel for the Petitioner submits that they have already made an Application for restoration of the said suit, which is pending for hearing on merits. Therefore, the Writ Petition may be adjourned for some time.Basavraj G. Patil 1/2 ::: Uploaded on - 29/11/2018 ::: Downloaded on - 30/12/2018 09:11:56 :::
941.8051.18-wp.doc 4 It is to be noted that when the suit itself is dismissed, there is no question of entertaining the Writ Petition and also the request for adjournment made by the learned counsel for the Petitioner.
5 Hence, the Writ Petition stands dismissed as infructuous.
(K. K. TATED, J.) Basavraj G. Patil 2/2 ::: Uploaded on - 29/11/2018 ::: Downloaded on - 30/12/2018 09:11:56 :::