Indar Krushna Shekhar And ORS v. Bhagwan Krushna Shekhar And ORS

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9323 OF 2013 Indar Krushna Shekhar and others ...

Petitioners Vs.

Bhagwan Krushna Shekhar and others ...

Respondents Mr. Pratap Patil for Petitioners.

Mr. Umesh H. Pawar for Respondents No.1, 3 and 4. CORAM : R. G. KETKAR, J.

DATE :

DECEMBER 15, 2015 P.C. :

Not on Board. At the request of Mr. Pawar, taken up for admission.

2.

Heard Mr. Patil, learned Counsel for petitioners and Mr. Pawar, learned Counsel for respondents No.1, 3 and 4. 3.

By this Petition under Article 227 of the Constitution of India, original defendants No.2, 7 and 8 have challenged the judgment and order dated 29.01.2013 passed by the learned 6th Joint Civil Judge, Junior Division, Islampur below exhibit-47 in Regular Civil Suit No.291 of 2009. By that order, the learned trial Judge directed the defendants to lead the evidence first.

4.

Mr. Pawar submitted that pending this Petition, respondent No.1plaintiff has filed application dated 29.09.2014 praying for permission of the Court to lead evidence. He, therefore, submits that he is not pressing application-exhibit 47 and the learned trial Judge may be directed to dispose of the application dated 29.09.2014.

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In view thereof, respondent No.1-plaintiff is permitted to withdraw the application exhibit-47. Impugned order stands dissolved accordingly. The learned trial Judge now shall decide the application filed by the respondent No.1 and proceed with the matter in accordance with law. Order accordingly. Petition disposed of. (R. G. KETKAR, J.) Minal Parab 2/2