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Bombay High CourtWP/7600/2021disposed off

Smt. Pushpa Dinkarrao Shirole Decd Thru Lrs v. V. G. Joshi General Trust Thru Trustees And ORS

2022-02-01Hon'Ble Shri Justice Nitin W. Sambre1 pages

(31)-WP-7600-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.02.01 16:21:49 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.7600 OF 2021 Smt. Pushpa Dinkarrao Shirole (Since deceased through her legal heirs) Smt. Malini Dinkarrao Shirole (Since deceased through her legal heirs) Smt. Vasundhara Dinkarrao Shirole and Ors.

..Petitioners

Versus

V. G. Joshi General Trust and Ors.

..Respondents Mr. Sugandh B. Deshmukh, for the Petitioners. Mr. Tejesh D. Deshmukh a/w Harishchandra Chavan, for the Respondent Nos.2 & 4.

CORAM : NITIN W. SAMBRE, J.

DATE : 1st FEBRUARY, 2022 P.C.

1.

Since the objection raised in the impugned order can be agitated at the time of final hearing of the suit on the issue of recording of evidence, no case for interference in the extraordinary jurisdiction of this Court is made out.

2.

As such, petition stands dismissed.

3.

However, the petitioners are at liberty to raise the issue which is raised in this petition at the time of final hearing of the suit.

[NITIN W. SAMBRE, J.] BGP.