Balkrishna Gangabishanji Zawar v. Azmat Khan Suban Khan And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 109 OF 2012 (Balkrishna s/o Gangabishanji Zawar vs.

Azmat Khan s/o Suban Khan and another) ---- Mr. A.S. Bajaj, Advocate for the Applicant Mr. A.D. Kasliwal, Advocate for respondent No.1 Mr. V.V. Pawar, Advocate holding for Mr. S.S. Tope, Advocate for respondent No. 2 ---- CORAM :

SANGITRAO S. PATIL, J.

DATE :

27th SEPTEMBER, 2016 PER COURT :

After pronouncement of the judgment, the learned counsel for the applicant prays for continuation of the interim relief in terms of prayer clause (C), granted by this Court on 16th April, 2012, for a period of eight weeks in order to enable the applicant to approach the Hon'ble the Supreme Court of India. 2.

The learned counsel for respondent No. 1 strongly opposes the said prayer.

3.

The suit is of the year 2012. The applicant had prayed for rejection of the plaint. The applicant will have an opportunity to agitate his grievance in

CRA109-12 respect of non-maintainability of the suit before the trial Court, even though his request for rejection of the plaint at this stage is not considered. In this view of the matter, I am not inclined to extend the interim relief granted earlier. Consequently, the prayer for continuation of the interim relief stands rejected.

[SANGITRAO S. PATIL] JUDGE npj/CRA109-12