Smt Manjulabai Ukha Wagh v. Shri Arun Sukhdeo Wagh And Others

WP 14626.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14626 OF 2017 SMT MANJULABAI UKHA WAGH

VERSUS

SHRI ARUN SUKHDEO WAGH AND OTHERS ...

Advocate for Petitioner : Mr. Patil Paresh B. Advocate for Respondent Nos.1-8 : Mr. Padalkar H.H. ...

CORAM : V.K. JADHAV, J.

Dated : March 03, 2020.

...

PER COURT :- 1.

Heard both sides.

2.

It appears that the Trial Court has rejected the application Exhibit 66 in R.C.S. No.145 of 2012 fled by the petitioner/plaintiff under Order 23 Rule 1(3) of the Civil Procedure Code for withdrawal of the suit with liberty to fle suit again on the same cause of action only on the ground that the petitioner/plaintiff has not stated in his application as to the formal defects appearing in the suit. If it is so, then the petitioner/plaintiff is permitted to fle a detail application pointing out the formal defects, if any. Upon aaa/-

WP 14626.2017.odt fling such an application, the Trial Court shall consider the same, on its own merits afresh, without infuenced by the earlier order passed below Exh.66. Writ Petition is accordingly disposed off. This Court has not expressed anything on merits. All points kept open. ( V.K. JADHAV, J. ) ...

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