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Bombay High CourtWP/5817/2022disposed off

Limbabai Bhangirathibai Shivdas Sonwane Alias Patil Died Thr Her Lrs v. Sunita Pralhad Mundhe Alias Sunita Shivdas Sonwane And Others

2022-10-03Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker2 pages

5817.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 WRIT PETITION NO.5817 OF 2022 LIMBABAI BHANGIRATHIBAI SHIVDAS SONWANE ALIAS PATIL, DIED, THR HER LRS

VERSUS

SUNITA PRALHAD MUNDHE ALIAS SUNITA SHIVDAS SONWANE AND OTHERS ....

Mr B. R. Jaybhay, Advocate for petitioners CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 3rd October, 2022 PER COURT:

1.

The petitioners have put forth prayer clause 'B', which reads as under :- "B) By issuing writ of Certiorari or orders or any other writ in the nature of writ of Certiorari, order dated 28.09.2021 passed by learned Joint Civil Judge Senior Division, Osmanabad Passed below Exhibit 155 in Spl. Civil Suit No.11 of 2012 may kindly be quashed and set aside;"

2.

The petitioners are before the learned Civil Court in Special Civil Suit No.11/2012. The same is still pending adjudication. An application Exh.155 for referring the documents to the handwriting expert, has been rejected.

5817.22wp (2) 3.

The petitioners have a legal remedy under the Code of Civil Procedure.

4.

This petition is, therefore, disposed off.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk