Shri. Anandrao Baburao Bhondve (Dec.) Thorugh Lrs. v. Shri. Ramchandra Shankarrao Mate

49. WP 3600.14.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 3600 OF 2014 Anandrao Baburao Bhondve (deceased) through his legal heirs.

... Petitioners.

V/s.

Mr. Ramchandra Shankarrao Mate.

... Respondent.

Mr. Sanjay Kshirsagar for the Petitioners.

Mr. J.S. Kapre for Respondent.

CORAM : N.M. Jamdar, J.

31 August, 2016.

P.C. :- Heard the learned Counsel for the parties. The Petitioners challenge the order dated 11 October 2013 passed by the Civil Judge, Senior Division, Pune wherein the application filed by the Petitioners for framing certain additional issues has been rejected. 2.

The Petitioners have sought to frame certain additional issues in the Darkhast proceedings. The learned Judge has observed that Issue No.1 is a comprehensive issue. As regard the other issues sought to be framed are concerned, merely because the said issues are not framed, the Petitioners will not be precluded from advancing the

49. WP 3600.14.doc submissions in furtherance of their case as may be available in law and that because issues are not framed, the case of either the Petitioners or the Respondent to advance respective contentions on merits will not be foreclosed.

3.

In view of this clarification, no further orders are required to be passed in this Writ Petition. The Writ Petition is accordingly disposed of.

(N.M. Jamdar, J.)