Balasaheb Wamanrao Sathe v. Ramabai Kondiba Dhondge And Others

903 wp 3867.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3867 OF 2016 Balasaheb Wamanrao Sathe ...

Petitioner Vs.

Ramabai Kondiba Dhondge and Ors.

...

Respondents ---- Mr. Mahesh P. Kale, Advocate for the petitoner. Mr. Krushna S. Solanke, Advocate h/f. Mr. S.J. Salunke, Advocate for respondents no. 1 and 2.

---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 05-08-2016.

Per Court :

1.

The petitioner is purportedly aggrieved by an order dated 08-02-2016 passed by Civil Judge Junior Division, Sonpeth in regular civil suit no. 175 of 2008 deciding the preliminary issue as has been framed under exhibit 38 is before this court. 2.

After hearing the learned counsel for the parties, since the issue stands decided, it is difficult to consider that such a finding can be unsettled in the writ petition, unless the parties get proper opportunity. Such an opportunity may be available to the petitioner if he considers to be aggrieved by the finding given by the court on the preliminary issue by trial court at an appellate stage and having regard to section 105, it appears that, such an avenue is open for the petitioner if the matter goes on.

903 wp 3867.16.odt 3.

As such, the writ petition is not being entertained in view of above, the same stands disposed of.

(SUNIL P. DESHMUKH) JUDGE mub