Babu Beg Sultan Beg Died Through Lrs Sultan Beg Babu Beg And Others v. Mugal Beg Baldar Beg And Another

2023:BHC-AUG:26195 1 939-wp 15286-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15286 OF 2023 Babu Beg Sultan Beg (died) Through his L.Rs.

Sultan Beg Babu Beg and others .. Petitioners

Versus

Mugal Beg Baldar Beg and another .. Respondents Mr. Vakil Afzal Husain M., Advocate for the Petitioners. CORAM : SHAILESH P. BRAHME, J.

DATE : 13th DECEMBER, 2023.

PER COURT :- .

The petitioners are the original plaintiffs who are challenging the order dated 01.08.2023 returning the plaint. The order is passed under Order VII Rule 10 of the Code of Civil Procedure (for short "C.P.C."). There is remedy of appeal from order as per Order 43 Rule 1A of the C.P.C. to challenge the order of return of plaint. [ 2.

The writ petition is disposed of with liberty to the petitioners to file appropriate proceeding under Order 43 of the C.P.C. 3.

The time consumed in this writ petition shall be taken into account by the appropriate forum.

( SHAILESH P. BRAHME, J. ) P.S.B.