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Bombay High CourtWP/1908/2019disposed offdismissed for default

Sampat Sukhdeo Jorvekar And Others v. Ashok Sudhakar Mungase And Others

2019-02-11Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 WP - 1908-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1908 OF 2019 SAMPAT SUKHDEO JORVEKAR AND OTHERS

VERSUS

ASHOK SUDHAKAR MUNGASE AND OTHERS ...

Mr. S.D. Kotkar, Advocate for petitioners ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 11-02-2019 ORDER :

1.

Heard learned counsel for petitioners.

2.

After having heard learned counsel and on perusal of impugned order, it appears that under its discretion, court has considered presence of applicants in Exhibit - 59 to be necessary for reasons referred to therein. Petitioners are defendants in regular civil suit no. 726 of 2018 and plaintiffs have not come forward.

3.

Though learned counsel for petitioners has submitted that a third person would not be entitled to any relief, it does not appear to be a case that the third person has claimed any relief in the suit.

2 WP - 1908-2019 4.

In the circumstances, having regard to aforesaid and exercise of discretion by the court, for reasons as referred to and the plaintiffs are not before the court, it does not appear, writ petition at the behest of defendants can be entertained. Writ petition, therefore, is rejected.

[SUNIL P. DESHMUKH] JUDGE arp/