Smt. Sushila Rayba More And ORS v. Smt. Hirabai Sahebrao More And ORS

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8684 OF 2012 Sushila Rayba More and another ...

Petitioners Vs.

Hirabai Sahebrao More and others ...

Respondents Mr. Drupad S. Patil for Petitioners.

CORAM : R. G. KETKAR, J.

DATE :

APRIL 04, 2016 P.C. :

Heard Mr. Patil, learned Counsel for petitioners at length. 2.

By this Petition under Article 227 of the Constitution of India, petitioners have challenged the order dated 19.07.2012 passed by the learned Civil Judge, Junior Division, Vadgaon, Maval below exhibit-59 in Regular Civil Suit No.152 of 1997. By that order, the learned trial Judge directed that the application exhibit-59 shall be heard along with the main Suit. That application was filed by the petitioners, hereinafter referred to as plaintiffs, under Order 39, Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'C.P.C.') for striking out the defence of defendants No.1 and 2 on the ground that despite injunction order, they have alienated the suit property. 3.

By order dated 10.12.2012, notice was issued to the respondents, returnable on 14.01.2013. Parties were put to the notice that Petition will be disposed of finally at the stage of admission subject to the convenience of the Court. Office remark shows that Writ Petition is dismissed against respondents No.1 to 5 and 7 as per the Registrar's order dated 20.08.2015. Defendants No.1 and 2 are respondents No.1 and 2 in the present Petition.

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Mr. Patil submitted that during the pendency of this Petition, Suit itself is dismissed. Aggrieved by that order, plaintiffs have preferred Appeal and the same is pending. As the main Suit itself is disposed of, this Petition is rendered infructuous.

5.

In view thereof, Petition is disposed of as infructuous. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2