Shri. Anant Laxman Jangam And ORS. v. Shri. Jayvantrao Baburao Shinde And ORS.

p.24.wp.10943.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10943 OF 2016 Anant Laxman Jangam & Ors.

...Petitioners

vs Jayvantrao Baburao Shinde & Ors.

...Respondents

.....

Mr Abhijit Kulkarni for the petitioners.

None for the Respondents.

.....

CORAM : N. M. JAMDAR J.

21 SEPTEMBER, 2016 P.C. :

Not on board. Taken on production board in view of the praecipe filed by the Petitioners.

Heard learned advocate for the Petitioners. The Petitioners are aggrieved by the order passed by learned Civil Judge, Senior Division, Ratnagiri wherein the application filed by the Petitioners below exh.108 for framing certain additional issues has been rejected. In the application, the Petitioners have sought to frame 15 issues. It is not necessary to examine the challenge to the impugned order as the learned Judge has clarified that all the issues, that have been proposed by the Petitioners are included in Issue No.1, which has already been framed. In view of this clarification, which means Issue Nos.1 to 15 as proposed by the Petitioners would be included in Issue No.1 and will be open to the Petitioners and the Respondents to proceed with the trial on such defences and contentions as may be available in the facts and law. Pg 1 of 2

p.24.wp.10943.2016.doc In view of the clarification given by the learned Judge and in this order, no further orders are required to be passed in this Writ Petition. The Writ Petition is accordingly disposed of. ( N. M. JAMDAR J. ) Pg 2 of 2