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Bombay High CourtWP/9707/2015

Shri. Ajay Shyamkant Choudhary And ORS. v. P-Cube Enterprises Pvt. Ltd.

2016-06-17Hon'Ble Shri Justice K.K. Tated2 pages

65 wp 9707-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 9707 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner.

Mr. Tejas Dande i/b Tejas Dande & Asso. for the Respondent.

CORAM : K. K. TATED, J.

DATED : 17/06/2016 P.C.:

.

None for the petitioner. Mr. Tejas Dande for respondent.

By this petition under Article 227 of the Constitution of India, the petitioner defendant challenges the order dated 27.01.2015 passed by 2nd Joint Civil Judge, Junior Division Pune below Exh. 28 in Special Civil Suit No. 134 of 2013 rejecting the petitioner's application for framing preliminary issue about the jurisdiction of the Court.

The learned Counsel for the respondent plaintiff submits that Special Civil Suit No. 134 of 2013 in which impugned order passed by the Trial Court was already decided. He further submits that Sneha Chavan 1/2

65 wp 9707-15=.doc they filed execution application for executing the decree. He submits that in view of subsequent development, nothing survives in the present Writ Petition.

Considering the submissions made by the learned Counsel for the respondent plaintiff and as the suit is already disposed of by the Trial Court, nothing survives in the present Writ Petition. Hence, Writ Petition stands dismissed as infructuous.

(K.K.TATED, J.) Sneha Chavan 2/2