Bombay High CourtWP/7133/2013rejected at admission stage

Trimbak Govinda Sanap v. Gopinath Buwasaheb Sanap And Another

2013-12-24Hon'Ble Shri Justice S.S. Shinde2 pages

1 wp7133.13 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7133 OF 2013 [ Trimbak Govinda Sanap vs. Gopinath Buwasaheb Sanap & Anr. ] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ankush N. Nagargoje, Advocate for petitioner.

CORAM : S.S. SHINDE, J.

DATE : 24TH DECEMBER, 2013 PER COURT :

. Heard learned Counsel appearing for the petitioner. Being aggrieved by rejection of the application for framing issue of res-judicata, this petition is filed. Learned Counsel for the petitioner submits that, subject matter in both the suits is property situated in Survey No.

775. Therefore, according to the Counsel for the petitioner, it will be possible when the evidence is led by the parties

2 wp7133.13 whether subject matter of both the suits is same property or not. However, the application filed by the petitioner has been rejected by the trial Court.

2. Upon hearing the Counsel appearing for the petitioner and upon perusal of the impugned order, prima facie conclusion drawn by the trial Court appears to be sustainable. Therefore, this Court is not inclined to interfere in the impugned order. However, after evidence is led by the parties at appropriate stage of the proceedings, it will be open for the petitioner to raise issue of res-judicata.

With these observations, writ petition stands rejected.

[ S.S. SHINDE, J.] Tupe/24.12.13