Suresh Appasaheb Wale v. Shamrao Babu Bandagar

18 wp8639-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8639 OF 2017 Suresh Appasaheb Wale .. Petitioner V/s.

Shamrao Babu Bandagar .. Respondent Mr.S.A.Wale for the petitioner

CORAM:

K.K. TATED, J DATED :

MARCH 6, 2019 P.C. :

Heard.

By this petition under Article 227 of the Constitution of India, the Petitioner challenges the order dated 17.2.2017 passed by Civil Judge, Junior Division, Kavathemankal, Dist.Sangli below Exhibit-48 in Regular Civil Suit No. 19 of 2004 rejecting Petitioner's Application under Order VII Rule 11 a,b,c, d of Code of Civil Procedure, 1908 for rejection of plaint. The learned counsel for the Petitioner submits that during the pendency of the present Writ Petition, Regular Civil Suit No. 19 of 2004 was decided by Trial Court on its own merits by judgment and decree dated 27.11.2017. In view of subsequent development that Regular Civil Suit No. 19 of 204 stands disposed of, nothing survives in the present Writ Petition. Mohite 1/2

18 wp8639-17.doc Hence, Writ Petition stands disposed of as infructuous. No order as to costs.

(K.K. TATED, J.) Mohite 2/2