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Bombay High CourtCRA/335/2018

M/S Reliance Construction Com., Thr. Its Proprietor, Mrs. S.V. Rajurkar, Thr. Poa. Smt. P. S. Thaku v. Dr. Shirish Venkatesh Malgi And ORS.

2018-10-01Hon'Ble Shri Justice R.D. Dhanuka1 pages

ppn 1 4.cra-335.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.335 OF 2018 M/s.Reliance Construction Company & Anr.

.. Applicants Vs.

Dr.Shirish V. Malgi & Ors.

.. Respondents --- Ms.Sharon Patole for the applicant no.1 Ms.Pramila S. Thakur, applicant no.2 in person. Mr.Satyajeet P.Dighe for the respondent nos.1 & 2. Mr.Vatsal Shah a/w Mr.N.T. More i/by MMK Law Associates for the respondent no.3.

--- CORAM : R.D. DHANUKA, J.

DATE : 1st October 2018 P.C.:

.

By this application filed under Section 115 of the Code of Civil Procedure, 1908, The applicants (original defendant nos.2 and 3) have impugned the order dated 17th January 2018 passed by the learned trial Judge rejecting the application below Exhibit-99 filed by the applicants on the ground that there was no cause of action in the suit. 2.

Learned trial Judge has perused the averments made in the plaint and has held that the suit discloses the cause of action which was for seeking injunction against the defendants. 3.

On perusal of the avements made in the plaint, it is clear that the cause of action is disclosed in the plaint. I do not find any infirmity in the impugned order 17th January 2018 passed by the learned trial Judge. Civil revision application is dismissed. No order as to costs. R.D. DHANUKA, J.