Shri. Anil Baburao Patole And ORS. v. Rev Samson Balid (Priest Incharge Of St. Thomas Church) And ORS.

902.208.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.208/2018 Anil Baburao Patole & Ors.

... Petitioners V/s.

Samson Balid & Ors.

... Respondents Mr. Rajesh B. Parab for the Petitioners Mr. Mahendra M. Agavekar for Respondent Nos.1 to 6, 8 and 9.

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

Heard. By this petition, the Petitioner - Plaintiff challenges the order dated 27.10.2017 passed by the Civil Judge, Junior Division Ulhasnagar below Exhibit- 24 in Regular Civil Suit No. 337/2016 holding that the rejoinder placed on record at Exhibit22 by the Petitioner - Plaintiff will not be considered as a part and parcel of the record.

Both the counsel submit that during the pendency of the Writ Petition, the subject suit itself is decided on merits. The learned counsel for the Petitioner submits that they have already preferred an appeal before the appellate court and the same is pending on merits. He further submits that in case, he succeeds in the appeal, liberty be granted to the Petitioner - Plaintiff to challenge the impugned order dated 27.10.2017 below Exhibit- 24. Liberty granted.

Basavraj G. Patil 1/2

902.208.18-wp.doc In view of the subsequent development, nothing survives in the Writ Petition. Same stands dismissed as infructuous. No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2