Anandibai Dattu Mundhe And ORS v. Narayan Sadashiv Mudhe And ORS

Dinesh Sherla 26-cra-123-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 123 OF 2017 Anandibai D. Mundhe and ors.

.. Applicants vs.

Narayan S. Mundhe and ors.

.. Respondents Mr. Saurabh Oka for the Applicants.

Mr. K.P. Mali for Respondent Nos.1 to 4.

CORAM : M. S. SONAK, J.

DATE : 9 APRIL 2019.

P.C. :- 1] Heard learned counsel for the parties.

2] Taking into consideration the view taken by the learned Trial Judge, this is not a fit case for exercise of revisional jurisdiction under section 115 of CPC. This is more so because defendant Nos.5 to 7 are the legal representatives of defendant No.4. Besides, the relief of partition is applied for only against defendant Nos.1 to 3 and as against remaining defendants, declaration, injunction and cancellation of instruments have been applied for.

3] Accordingly, this Civil Revision Application is dismissed. However, it is made clear that this dismissal will not preclude the applicants from challenging the impugned 1/2

Dinesh Sherla 26-cra-123-17 order, if and when occasion arises, by resort to the provisions of section 105 of the CPC.

4] Civil Revision Application is accordingly, dismissed with liberty as aforesaid.

(M. S. SONAK, J.) 2/2