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Bombay High CourtWP/8975/2019disposed offdismissed for default

Yasmin Ayub Mujawar And Others v. Fakreersab Mohammadsab Mujawar And Others

2019-07-24Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8975 OF 2019 YASMIN AYUB MUJAWAR AND OTHERS

VERSUS

FAKREERSAB MOHAMMADSAB MUJAWAR AND OTHERS ...

Advocate for Petitioners : Shri Patil Jayant R. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: July 24, 2019 ...

PER COURT :- 1.

Learned Advocate Shri Patil fairly points out the amendment introduced by the Bombay High Court on 26.2.2009, introducing Clause (i) below Order XLIII Rule 1(r) of the CPC. He, therefore, submits that he has a statutory remedy of challenging the impugned order by way of an appeal before the learned District Judge.

2.

In view of above, this petition is disposed off with liberty as is permissible in law. The time spent by the petitioner in this Court from 28.6.2019 till the passing of this order shall be a ground for condonation of delay, if any.

( RAVINDRA V. GHUGE, J. ) ...

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