Ganesh Viththal Dhuri (Decd0 Through Lrs. And ORS. v. Dhondu Appa Mahadeshwar (Decd) Through Lrs. And ORS.

57.2766.15-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2766/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Gangadhar J. Sabnis for the petitioner Mr. P. J. Thorat for the respondent Nos.3 to 5. CORAM : K. K. TATED, J.

DATE : JUNE 8, 2016 P.C.:

1.

Heard. By this petition under Article 227 of the Constitution of India the Petitioner plaintiff challenges the order dated 16.07.2013 passed by the Civil Judge, Senior Division, Sindhudurg at Oros below Exhibit- 48 in Regular Darkhast No.4/2013 dismissing the same on the ground of maintainability.

2.

In the present proceedings, the petitioner plaintiff filed Regular Darkhast No.4/2013 wherein the Executing Court framed preliminary issue "whether this execution petition is tenable in the present form?"

3.

The Trial Court held that the petitioner plaintiff is seeking an order against a third person, Basavraj G Patil 1/2

57.2766.15-wp who was not made as a party either in the plaint or in the appeal. Hence, the darkhast was not maintainable.

4.

Considering the reasons given by the Trial Court in paragraph 16 of the impugned order, I do not find any reason to interfere with the well reasoned order passed by the Trial Court. Hence, the Writ Petition stands dismissed. No order as to costs.

JUDGE Basavraj G Patil 2/2