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Bombay High CourtWP/7802/2018disposed offdismissed for default

Rangnath Hari Waghmare v. Vishnu Hari Waghmare And Others

2020-01-14Hon'Ble Shri Justice Rohit B. Deo1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

918 WRIT PETITION NO.7802 OF 2018 RANGNATH HARI WAGHMARE

VERSUS

VISHNU HARI WAGHMARE AND OTHERS ...

Advocate for Petitioner : Mr. Bora Satyajit S. Advocate for Respondents :Mr. A.P. Bhandari ...

CORAM : ROHIT B. DEO, J.

Date: January 14, 2020 ...

PER COURT :- I am not inclined to exercise writ jurisdiction to adjudicate the claim of the petitioner that the compromise decree is vitiated by fraud. Leaving every contentions in the petition and in rebuttal open, the petitioner is permitted to withdraw the petition with liberty to approach the Civil Court, if so advised.

At this stage, learned counsel for the respondents submits that the suit may not be maintainable. This contention is also kept specifically open.

( ROHIT B. DEO, J. ) vbd