Vithabai Jalba Analdas v. Shrutika Balaprasad Analdas And Others

1 WP - 6135-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6135 OF 2019 VITHABAI JALBA ANALDAS

VERSUS

SHRUTIKA BALAPRASAD ANALDAS AND OTHERS ...

Mr. S.H. Panchal, Advocate for petitioner ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 11-12-2019 ORDER :

1.

Learned counsel for petitioner states that he is defendant supporting plaintiff in regular civil suit no. 219 of 2016 which has been filed by Anna Vishwanathrao Analdas against the collusive compromise decree arrived at before Lok-Adalat passed in regular civil suit no. 132 of 2014.

2.

Since the challenge has already been posed to the compromise decree before Lok-Adalat and petitioner is defendant supporting plaintiff, the cause under present writ petition, to quite a large extent, appears to be taken care of in said proceeding. 3.

Learned counsel for petitioner has referred to order dated 08-07-2019 passed by a division bench of this court in writ petition no. 3308 of 2019. He states that present petitioner's case is similar, he had not been a party to compromise in Lok-Adalat.

2 WP - 6135-2019 4.

In view of the same, as observed in said petition, it is for the petitioner to take appropriate stand in the said proceeding, which according to instructions of learned counsel for petitioner, he has already taken, supporting the plaintiff.

5.

In view of aforesaid, writ petition is disposed of. [ SUNIL P. DESHMUKH ] JUDGE arp/