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Bombay High CourtWP/2276/2015

Smt. Sudha Fattesinha Gole And ORS. v. Smt. Geeta Samaringh Gole And ORS.

2015-02-25Hon'Ble Shri Justice R.M. Savant.2 pages

PVR 1/2 66wpst31978-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.)NO.31978 OF 2014 1.Smt.Sudha Fattesinha Gole & Ors.

... Petitioners Vs.

1.Smt.Geeta Samaringh Gole & Ors.

... Respondents --- Mrs.Jai Kanade i/b. Mr.Sumit S.Kothari, for Petitioner Nos.1 to 4. Mr.Khandeparkar i/b. Mr.Amogh Karandikar, for Respondent Nos.1 to 4. Mr.Devendranath S.Joshi, for Respondent No.10. --- CORAM :

G. S. KULKARNI, J.

DATE :

25th FEBRUARY, 2015 ---- P.C. :

Not on board taken on board by consent of the parties. 2.

The objections in respect of replacing illegible copies, if any, is dispensed with. Office is directed to number the present petition. 3.

This Writ Petition challenges the order dated 9.4.2013 passed by the learned Civil Judge, Junior Division, Kalyan, whereby the application filed by the petitioners below Exhibit 56 raising an objection to the jurisdiction of the Court and to frame a preliminary issue to that effect, was rejected. 4.

This Writ Petition can be conveniently disposed of in view of the

PVR 2/2 66wpst31978-14.doc statement made by Mr.Khandeparkar, learned Counsel for respondent Nos.1 to 4 that the Miscellaneous Application No.229 of 2010 has been filed before the Court of learned Civil Judge (J.D.), Kalyan, praying for heir-ship certificate in respect of the properties of late Samarsingh Krushnaji Gole. In view of the statement, the petitioners agree that further adjudication of this Writ Petition is not necessary. 5.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

(G.S.KULKARNI, J.)