Bombay High Court
Shirish Bhaskar Somwanshi vs Bhaskar Balasaheb Somwanshi And Others on 7 June, 2022
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
922 WP 5170 OF 2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
922 WRIT PETITION NO.5170 OF 2022
SHIRISH BHASKAR SOMWANSHI
VERSUS
BHASKAR BALASAHEB SOMWANSHI AND OTHERS
...
Advocate for Petitioner : Mr. Bora Satyajit S.
CORAM : MANGESH S. PATIL, J.
DATE : 07.06.2022.
PER COURT :
Heard.
2. The petitioner is the original plaintiff. The matter was
compromised between the petitioner and the contesting respondent nos. 1 to 5. The respondent Nos. 6 and 7 who were not parties to the suit challenged that compromise decree by preferring an appeal under Section 96 of the Code of Civil Procedure. The lower appellate court by the order under challenge remanded the suit for decision afresh. The petitioner thereafter sought to abandon the claim under Order XXXI Rule 1 of the Code of Civil Procedure. The trial court by the order which is also under challenge in the writ petition refused to grant the permission and instead transposed the respondent Nos. 6 and 7 as plaintiffs.
3. Issue notice to the respondent Nos. 6 and 7 only, returnable on 19.07.2022. Till then, further proceeding in the suit shall stand stayed.
(MANGESH S. PATIL, J.) mkd/-
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