Nivrutti Ramchandra Badame And Another v. Devidas Laxman Bujare And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6118 OF 2017 (Nivrutti Ramchandra Badame and another Vs. Devidas Laxman Bujare and others) Mr.E.G.Irale, Advocate for the petitioners.

( CORAM : Ravindra V.Ghuge, J.) DATE : 07/08/2017 PER COURT :

1.

This petition was heard for some time. Issue is as regards the apprehension of the petitioners who are plaintiffs in RCS No.176/2014 and are defendants in RCS No.493/2015 that conflicting orders are likely to be passed. The Trial Court has passed an interlocutory order concluding that both the suits are for different purposes and the parties are not litigating under the same title. 2.

Learned Advocate for the petitioners submits on instructions that the petitioners be permitted to withdraw this petition with liberty to move an application in accordance with the procedure before the learned Principal District, Latur for seeking clubbing of the two suits.

3.

Considering the above, this petition is disposed of, as khs/AUGUST 2017/6118-d

withdrawn with liberty to move an application for clubbing. Needless to state, the learned Principal District Judge, Latur may consider such an application on its own merits without being influenced by any observations of this Court. ( Ravindra V.Ghuge, J.) khs/AUGUST 2017/6118-d