Shri Jagdish Govind Farade (Shelar) And ORS v. Smt. Shewanta Pandu Mhatre And ORS

WP4225_16.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4225 OF 2016 Jadgish Govind Farade (Shelar) and others ...

Petitioners Vs.

Shewanta Pandu Mhatre and others ...

Respondents Mr. A. S. Khandeparkar a/w. Mr. S. S. Kalke for Petitioners. CORAM : R. G. KETKAR, J.

DATE :

APRIL 13, 2016 P.C. :

Heard Mr. Khandeparkar, learned Counsel for petitioners. 2.

By this Petition under Article 227 of the Constitution of India, petitioners have challenged the judgment and order dated 25.01.2016 passed by the learned District Judge-3, Kalyan below exhibit-23 in Civil Appeal No.11 of 2015. By that order, the learned District Judge rejected the application made by the petitioners, hereinafter referred to as plaintiffs-appellants under Order 41, Rule 25 of the Code of Civil Procedure, 1908 (for short 'C.P.C.') for remanding the matter for framing additional issue by the trial Court.

3.

In my opinion, this application is premature. The learned District Judge will consider this aspect while deciding the Appeal and if the learned District Judge finds that additional issue, as suggested by the petitioners, is required to be framed under Order 41, Rule 25 of C.P.C., he may frame that issue and pass further appropriate direction. Subject to this, no case is made out for invocation of powers under Article 227 of the Constitution of India. Petition fails and the same is dismissed. (R. G. KETKAR, J.) Minal Parab 1/1