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Bombay High Court

Mrs. Navjyot Singh W/O Inderpal Singh vs Sayyad Irshad Ali S/O Vajid Ali And ... on 7 September, 2018

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

1 0709CRA122.18.odt FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR.

CIVIL REVISION APPLICATION NO.122 OF 2018 MRS. NAVJYOT SINGH W/O INDERPAL SINGH VS SAYYAD IRSHAD ALI S/O VAJID ALI Office Notes, Office Memorandum of Court's or Judges Order Coram appearances, Court's orders or directions & Registrar's orders.

Shri S. V. Bhutada, Advocate for the applicant.

C ORAM: A.S. CHANDURKAR J.

                         DATED :    07TH
                                              SEPTEMBER, 2018.


It is submitted by the learned Counsel for the applicant that in view of the averments in paragraph 5 of the plaint as amended, it was pleaded that the agreement dated 17-9-2004 had been cancelled by issuing the public notice on 1-6-2005. Relying upon the decision in I. S. Sikandar through lrs vs. Subramani and others (2013) 15 SCC 27, it is submitted that in absence of any prayer with regard to declaration of the illegal notice of cancellation of the agreement, the suit itself was not maintainable.

Issue notice for final disposal of the Civil Revision Application for the present only to non-applicant No.1 returnable on 8-10-2018.

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2 0709CRA122.18.odt Ad-interim relief in terms prayer clause (D).

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