Bombay High CourtWP/3498/2016disposed offdismissed for default

Mahendra Vitthal Thombre v. Shankuntala Dagadu Targale And Others

2017-09-29Hon'Ble Shri Justice Nitin W. Sambre1 pages

wp3498.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3498 OF 2016 Mahendra s/o Vitthal Thombre ..PETITIONER

VERSUS

Shankuntala w/o Dagadu Targale and ors.

..RESPONDENTS Mr S.V. Natu, Advocate for petitioner;

Mr U.A. Bhadgaonkar, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 29th September, 2017 ORAL ORDER:

Having heard respective Counsel for some time, the parties are in agreement that issue as is decided by the order impugned can be raised at the time of final hearing of Regular Civil Suit No.937 of 2009, in the light of the judgment of the Apex Court, in the matter of Bipin Shantilal Panchal Vs. State of Gujarat & anr., reported in (2001) 3 SCC 1. 2.

In view of above position of law, writ petition stands disposed of with liberty to the petitioner to canvass the issue as regards exhibiting and admissibility of the document, raised in application Exh.81, at the time of final hearing of the suit.

(NITIN W. SAMBRE, J.) amj