Mohd. Shafiuddin Mohd. Qamruddin And Another v. Sayed Sadroddin Sayed Dastgir Hashmi And Other

C.R.A.no.50-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 50 OF 2021 Mohd. Shafiuddin s/o Mohd. Qamruddin and anr.

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Applicants

Versus

Sayed Sadroddin s/o Sayed Dastgir Hashmi and ors.

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Respondents Mr G.R. Syed, Advocate for applicants CORAM : SHRIKANT D. KULKARNI, J.

DATE : 13th July 2021 PER COURT :

1.

Mr G.R. Syed, learned Advocate for the revision petitioners, on instructions seeks leave to withdraw this Civil Revision Application with further prayer to issue certain directions to trial Court to consider issue of res judicata.

2.

Leave granted.

3.

Civil Revision Application stands disposed of as withdrawn. 4.

Learned Civil Judge, Senior Division at Udgir, District Latur is hereby directed to frame issue of res judicata and decide the same on the basis of evidence to be adduced by both the sides since it is a mixed question of law and facts.

5.

No order as to costs.

( SHRIKANT D. KULKARNI, J.) vvr