Hemlata Ratan Waghmode v. Shyamsunder Shankarrao Parkhe

Madkar 1 W.P. No. 12126-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION No. 12126 OF 2018 Hemlata W/o Ratan Waghmode ... Petitioner

Versus

Shyamsundar S/o Shankarrao Parkhe ...

Respondent Mr. S.B. Khan, Advocate for petitioner Coram : N.M. Jamdar, J.

Date : 5 December 2018.

ORAL ORDER :

1.

By this petition, the petitioner has challenged the order passed below application Exhibit No. 24 in Regular Civil Suit No. 1482 of 2012 by the learned 5 th Joint Civil Judge (Junior Division), Aurangabad, dated 19 July 2017 appointing a person as the next friend of the plaintiff.

2.

The learned Civil Judge has observed that in the inquiry held, evidence was led, doctor was examined and the certificate was issued and thereafter the applicant therein was appointed as the next

Madkar 2 W.P. No. 12126-2018 friend. Considering the scope of Article 227 of the Constitution of India, I am not inclined to interfere with this order. 3.

The contentions of the petitioner regarding unsoundness of the original plaintiff and if the appointment affects any of the contentions of the petitioner on merits of this case, they are kept open to be urged at the time of hearing of the suit. 4.

The writ petition is accordingly disposed of. N.M. Jamdar, J.