Dhanashri Rahul Kininge v. Ashok Jinappa Kininge And ORS.

Sr. No. 517 WP 14075 of 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14075 OF 2018 Smt. Dhanashri Rahul Kininge ... Petitioner Vs Ashok Jinappa Kininge & Ors.

... Respondents Mr. Akshay A. Kulkarni, advocate for Petitioner. Mr. Manoj Patil, Advocate for Respondent no. 1 & 2. CORAM : SANDEEP K. SHINDE J.

DATE : July 9 th , 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

Petitioner, is defendant no. 5 in the suit for partition being Regular Civil Suit No. 156 of 2009 instituted by the respondent no. 1 and 2. The defendants' application for issuing witness summons, has been rejected by the Learned Judge vide order dated 28.09.2018, against which this petition is preferred under Article 227 of the Constitution of India.

3.

The impugned order being interlocutory in nature, this Court is not inclined to interfere with the order and also for a reason that the Prachi Potdar 1/2

Sr. No. 517 WP 14075 of 2018.odt suit has been posted for final arguments of the parties. 4.

Impugned order being interlocutory order, petitioner may take objection to error or irregularity of the impugned order in Memorandum of Appeal, filed from the original decree, if impugned order has affected the decision of the case.

5.

Petition is dismissed with liberty aforesaid and disposed of. (SANDEEP K. SHINDE, J.) Prachi Potdar 2/2