Raju Kanhayalal Sharma And Others v. Balaji Mandir Devasthan Kurha Through Manager S J Goyanka Thr Lrs K S Goyanka And ORS

920-wp-9679-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9679 OF 2018 RAJU KANHAYALAL SHARMA AND OTHERS

VERSUS

BALAJI MANDIR DEVASTHAN KURHA AND OTHERS ...

Advocate for the Petitioners : Shri K. F. Shingare ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 01st NOVEMBER, 2018.

...

PER COURT :

1.

The petitioners are aggrieved by the order dated 08/08/2018, by which, the Trial Court has disposed off the objection under Section 9-A and has declined to consider the unusual request made by the plaintiff vide application Exhibit 133 that the issue under Section 9-A of the CPC be decided pre-emptorily.

2.

The petitioners, original defendants now cannot be aggrieved in view of the ordinance dated 27/06/2018, by which, the Maharashtra Amendment introducing Section 9-A to the CPC has been deleted and in pending matters, all

920-wp-9679-18.odt objections having a semblance of Section 9-A, are now to be considered as objections under Order XIV Rule 2 of the CPC and all the issues are to be decided together. 3.

In view of the above, this petition does not survive and stands disposed off.

(RAVINDRA V. GHUGE, J.) shp/-