Bombay High CourtWP/831/2017disposed offdismissed for default

Shaikh Shakil Shaikh Mustaq And Others v. Shaikh Abdul Naseem Abdul Razzak And Others

2017-02-17Hon'Ble Shri Justice S. B. Shukre1 pages

( 1 ) wp831.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 831 OF 2017 Shaikh Shakil Shaikh Mustaq & Ors.

Petitioners

Versus

Shaikh Abdul Naseem Abdul Razzak & ors. ..

Respondents Mr.K.A. Ingle, Advocate for the petitioners.

CORAM :

S.B. SHUKRE,J.

DATED :

17.02.2017 P.C. :- 1.

Heard. This petition seeks to challenge the legality and correctness of the order dated 15.12.2016 passed by the learned Civil Judge rejecting the application of the petitioners filed under Order VII Rule 11 of the C.P.C., praying for indulgence of the Civil Court to reject the plaint on the ground that there is no cause of action arising in favour of the respondents to file the suit. 2.

Bare perusal of the plaint discloses that the pleadings therein disclose the cause of action. It is case of the petitioners that the original plaintiffs i.e. the respondents do not have any cause of action. In such case, the petitioner will have to wait till the full fledged trial is held. The view taken by the Civil Judge is correct in law and therefore no interference is warranted. The petition is dismissed summarily. No costs.

[S.B. SHUKRE,J.] /2017/ 17/ snk FEB wp831.17