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Bombay High CourtWP/10659/2018disposed offdismissed for default

Satish Sambhajirao Kunte v. Nilawati Satish Kunte

2018-09-24Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10659 OF 2018 (Satish Sambhajirao Kunte Vs. Nilawati Satish Kunte) Mr.S.S.Gangakhedkar, Advocate for the petitioner. ( CORAM : Ravindra V.Ghuge, J.) DATE : 24/09/2018 PER COURT :

1.

The petitioner is aggrieved by the order dated 03/02/2018 by which the Trial Court has disposed of application Exh.14 filed by the petitioner praying that the issue of an invalid marriage be decided as a preliminary issue in RCS No.402/2014.

2.

Mr.Gangakhedkar, learned Advocate for the petitioner has strenuously criticized the impugned order and has drawn my attention to the 8 grounds formulated by him in the memo of the petition.

3.

I find that the Trial Court has already commenced the recording of oral evidence in the suit after framing of issues. The Trial Court has rightly concluded that the suit need not be decided in bits and pieces as the recording of evidence on all the issues has khs/SEPT.2018/10659-d

already commenced. I, therefore, do not find that the impugned order could be branded as being perverse or erroneous. 4.

This petition, being devoid of merit, is therefore, dismissed. ( Ravindra V.Ghuge, J.) Kranti Hansraj Shekatkar by Kranti Hansraj Shekatkar Date: 2018.09.25 14:48:20 +0530 khs/SEPT.2018/10659-d