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Bombay High CourtCRA/917/2013

Smt Suman Manohar Tingre And ORS. v. Shri Keshav Vishnu Tingre And ORS.

2016-06-17Hon'Ble Shri Justice K.K. Tated2 pages

21 cra 917-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL REVISION APPLICATION NO. 917 OF 2013 WITH CIVIL REVISION APPLICATION NO. 132 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Patwardhan for the Applicant in C.R.A. 917/13.

Ms. Kalyani Tulankar i/b S. B. Deshmukh for the applicant in C.R.A. 132/14.

CORAM : K. K. TATED, J.

DATED : 17/06/2016 P.C.:

Civil Revision Application No. 132/2014 is not on board. The same is taken on board.

Heard learned Counsel for the parties.

The learned counsel for the applicant submits that by this Civil Revision Application, they are challenging the order dated 20.08.2013 passed by the Joint Civil Judge, Junior Division, Pune below Exh. 86 and 101 in Regular Civil Suit No. 1362 of 2011 by which the Trial Court rejected defendant's application under Order VII Rule 11 of Code of Civil Procedure, 1908. He submits that defendant no.1 also preferred application under Order VII Rule 11 of Code of Civil Procedure, 1908. That application Sneha Chavan 1/2

21 cra 917-13=.doc was allowed by the Trial Court by order dated 17.01.2013. Thereafter, the plaintiff preferred Civil Appeal No. 119 of 2014 which is pending before the District Court for hearing and final disposal. Considering the submissions made by the learned counsel for the applicant and subsequent development that the plaint filed by the plaintiff in Regular Civil Suit No. 1362 of 2011 stands returned for non disclosed of cause of action, the present both Civil Revision Applications became infructuous. Hence, both Civil Revision Applications stand dismissed as infructuous. No order as to costs. Liberty granted to both the parties to review the Civil Revision Applications on the basis of subsequent development, if any.

(K.K.TATED, J.) Sneha Chavan 2/2