Bombay High CourtWP/11857/2018disposed offdismissed for default

Vishwanath Maruti Unde And Another v. Kamal Baap Unde And Others

2018-10-23Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11857 OF 2018 VISHWANATH MARUTI UNDE AND ANOTHER

VERSUS

KAMAL BAAP UNDE AND OTHERS ...

Advocate for the Petitioners : Shri Ostwal Abhaykumar D. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 23rd October, 2018 Per Court:

Leave to replace the documents under objections with typed copies.

I have heard the learned Advocate for the Petitioners. The only grievance of the Petitioners is that on 11.06.2018 the Trial Court has suo moto deleted Issue No.1 framed on 17.11.2017. It is stated that neither the Petitioners, who are the original Defendant Nos.3 and 4, nor the Plaintiffs were heard when the Trial Court suo moto deleted the said issue.

Considering the above, I find that it would be appropriate to allow these Petitioners to approach the same Court with an application for recalling of the order dated 11.06.2018 and for hearing the litigating sides in the event the Trial Court desires to recast the issue. If such an

*2* 904wp11857o18 application is filed within a period of four weeks from today, the Trial Court would consider the said application on it's own merits after hearing the litigating sides.

This Writ Petition is, therefore, disposed of with the aforesaid liberty.

kps (RAVINDRA V. GHUGE, J.)