Pramod Dhananjayrao Nimbalkar And Others v. Dhananjayrao Shankarrao Nimbalkar And Another

909- A.O. 34-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APEAL FROM ORDER NO.34 OF 2017 WITH WP/895/2017 PRAMOD DHANANJAYRAO NIMBALKAR AND OTHERS

VERSUS

DHANANJAYRAO SHANKARRAO NIMBALKAR AND ANOTHER ...

Advocate for Appellants : Mr. S. S. Choudhary (Absent) ...

CORAM : S. G. MEHARE, J.

DATE : 04.11.2023 PER COURT :

1.

None present for the appellant and the appellant. 2.

In A.O. the appellant had impugned the judgment of the First Appellate Court remitting the matter to the trial court for fresh disposal and in a Writ Petition No. 895 of 2017 an order below Exh.20 in Regular Civil Appeal No. 137/2011 dated 1.8.2016 allowing the application for amendment of the written statement has been impugned.

3.

There was no interim stay in both petitions. The daily status case report of the original suit bearing Special Civil Suit No. 47 of 2009 placed on record reveals that after the remand, the suit was

909- A.O. 34-2017.odt decided on merits on 22.11.2018. Hence, both the petitions become infrustious; hence, stands dismissed.

( S. G. MEHARE ) JUDGE ysk