Indrabai Baburao Jadhav v. Gopinath Maroti Jadhav

WP/149/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 149 OF 2016 Smt. Indrabai w/o Baburao Jadhav, Age : 72 years, Occu. : Agril., R/o Digol (E), Tq. Sonpeth, District Parbhani .. Petitioner (Orig. Plaintiff) Vs.

Gopinath S/o Maroti Jadhav, Age : 70 years, Occu.: Agril., R/o Digol (E), Tq. Sonpeth, District Parbhani .. Respondent (Orig. Defendant) ---- Mr. M.P. Kale, Advocate for the petitioner MR. S.V. Warad, Advocate for the respondent/sole ----

CORAM

: SUNIL P. DESHMUKH, J.

DATE : 28-04-2016 ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

2.

Looking at the state-of-affairs prevailing in the suit that no written statement order has been passed against the defendant and an application has been moved for setting aside the same, which is pending, and further having regard to that care has been taken while passing the impugned order by the court, granting liberty to the petitioner to move an application for calling witness on proper

WP/149/2016 ground, having regard to the state-of-affairs aforestated, it is not a case wherein at this stage, the discretion should be exercised in favour of the petitioner. As such the petition is not being entertained and is rejected, keeping the rights of the plaintiff open for making an application again for the purpose for which the earlier application had been moved.

3.

Rule stands discharged. Interim relief granted earlier stands vacated.

[SUNIL P. DESHMUKH] JUDGE arp/