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Bombay High CourtWP/4917/2019disposed offdismissed for default

Manoj Prabhakar Sarode v. Atul Sudhakar Kotgire And Another

2019-12-02Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4917 OF 2019 (Manoj Prabhakar Sarode Vs. Atul Sudhakar Kotgire and another) Mr.Arvind Deshmukh, Advocate for the petitioner. Mr.M.R.Sonawane, Advocate for respondent No.1. ( CORAM : Ravindra V.Ghuge, J.) DATE : 02/12/2019 PER COURT :

1.

The petitioner has challenged an interlocutory order in this petition. The learned Advocate for the respondents submits that the original RCS No.70/2018 itself has been disposed off under Order VII Rule 11(d) of the CPC and the plaint is rejected with liberty to avail of the statutory remedy.

2.

The learned Advocate for the petitioner submits that the statement of the respondents may be recorded and this petition can be disposed off.

3.

In view of the above, this petition is disposed off. Such disposal shall not come in way of the statutory remedy available to the petitioner.

( Ravindra V.Ghuge, J.) khs/Dec.2019/4917-d