Sureshchandra Vasudev Bhandari v. Sushishal Vasudev Bhandari Died And Others

wp7142.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7142 OF 2016 WITH CIVIL APPLICATION NO.4905 OF 2017 Sureshchandra s/o Vasudev Bhandari ..PETITIONER

VERSUS

Sushishal w/o Vasudev Bhandari (died) & ors.

..RESPONDENTS Mr N.J. Patil, Advocate for petitioner;

Mr P.R. Katneshwarkar, Advocate for respondent no.2 CORAM : NITIN W. SAMBRE, J.

DATE : 9th November, 2017 ORAL ORDER:

In view of judgment of the Apex Court, in the matter of Bipin Shantilal Panchal vs. State of Gujarat and anr., reported in (2001) 3 SCC 1, whether the will deed should have been exhibited or not is an issue which can be gone into at the stage of final hearing of the suit. Keeping such liberty open to the petitioner, writ petition stands disposed of. 2.

In view of disposal of writ petition, pending civil application does not survive and stand disposed of accordingly.

(NITIN W. SAMBRE, J.) amj