Shri Rohit Suresh Kumtha v. Shri Gauresh Suresh Kumtha Through His Constituted Attorney Shri Jayprakash V. Lande

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8143 OF 2016 Shri. Rohit Suresh Kumtha .. Petitioner v/s.

Shri. Gauresh Suresh Kumtha Through its Constituted Attorney Shri. Jayprakash V. Lande .. Respondent ...

Mr. T.D. Deshmukh, Advocate for the Petitioner. ...

CORAM : SANDEEP V. MARNE, J.

DATED : JULY 21, 2023.

P.C. :

1.

The learned Counsel for the Petitioner submits that the petition has become infructuous in view of the fact that the suit itself has been finally decided on March 2, 2020. He would submit that, since the order directing the suit to proceed ex-parte is under challenge in the present petition, Petitioner's remedy to raise all issues with regard to the said challenge be left open under Section 105 of the Code of Civil Procedure. With liberty as prayed for, Writ Petition is disposed of as infructuous.

NEETA SHAILESH SAWANT (SANDEEP V. MARNE, J.) NEETA SHAILESH SAWANT Date: 2023.07.24 16:46:51 +0530 1/1 2-WP-8143-2016.doc Neeta Sawant