Prasad Ashok Shette v. Shilpa Chandrakant Pathak And ANR.

941. WP 2270-08.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2270 OF 2008 Shri Prasad Ashok Shette .. Petitioner Vs.

Shilpa Chandrakant Pathak & anr.

.. Respondents ............

Mr. Siddhesh Pilankar i/by Mr. Uday P. Warunjikar for the petitioner. Mr. Sandeep S. Salunkhe for the respondent No.1. ............

CORAM : M.S. KARNIK, J.

DATED : 1st NOVEMBER, 2017 ORDER :

It is not in dispute that the suit between the parties is already decided. The challenge in this petition is in respect of an application made by the petitioner during the pendency of the suit, raising objection that the plaintiff has not paid appropriate court fees. The said application was decided in favour of the plaintiff by the trial Court. The interlocutory order passed by the trial Court was impugned by way of present petition. During the pendency of the petition, the suit is decided finally. In this view of the matter, I am not inclined to entertain the present petition. Accordingly, Writ Petition is dismissed.

2.

Rule is discharged. No order as to costs.

(M.S. KARNIK, J.) 1/1