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Bombay High Court

Sham Baburao Kandekar vs Ulka Vitthalrao Bahirat And Ors on 25 February, 2019

Author: K.K. Tated

Bench: K.K. Tated

                                                             55-wp-wp-8542-2017.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                        WRIT PETITION NO.8542 OF 2017


Sham Baburao Khandekar                                   .. Petitioner
         Versus
Ulka Vitthalrao Bahirat and Ors.                         .. Respondents


Mr. Sandeep Phatak for petitioner.
Mr. Jaydeep Deo for respondent Nos. 1 and 2.


                                   CORAM : K.K. TATED, J.

DATE : 25 FEBRUARY 2019.

P.C:-

. Heard learned Counsel for parties.

2. Advocate Mr. Jaydeep Deo submits that he received instructions to appear on behalf of respondent Nos. 1 and 2. He require some time to file Vakalatnama. He further submits that by this writ petition under Article 227 of the Constitution of India petitioner is challenging the order dated 12.01.2017 passed by the learned Ad-hoc District Judge-1, Pune below Exhibit-4 in Civil Appeal No.309 of 2016. He submits that against this order, the present writ petition is not maintainable in view of Division Bench judgment of this Court in the matter of Shivaji Shankar Jadhav and Anr. Vs. Laxman Gajanan Godbole through his Power of S.C.Magar Page 1 of 2 ::: Uploaded on - 27/02/2019 ::: Downloaded on - 21/03/2019 12:37:23 ::: 55-wp-wp-8542-2017.doc Attorney Nikhil Dinkar Pawar 1.

3. At this stage, the learned Counsel appearing on behalf of petitioner also seek some time to verify the present position. On his request, registry is directed to place this matter on board on 30.04.2019.

(K.K. TATED, J.) 1 (2018) 6 AIR BOM R 297 S.C.Magar Page 2 of 2 ::: Uploaded on - 27/02/2019 ::: Downloaded on - 21/03/2019 12:37:23 :::