Sau. Kamala Sharad Kapseand Others v. Laxman Shantaram Kshirsagar, (Being Dead, Thr. His L.R.S)

1709wp174 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.174/2021 Sau. Kamala Sharad Kapse and others ...Versus...

Shri Laxman Shantaram Kshirsagar (Being Dead, through his L.Rs.) Smt. Suman wd/o Laxman Kshirsagar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri S.M. Vaishnav, Advocate for petitioners Shri S.S. Alaspurkar, Advocate for respondents CORAM : AVINASH G. GHAROTE, J.

DATE : 17/09/2021 1.

Since the impugned order, rejects the application under Order VII Rule 11 of the Code of Civil Procedure, the same would be amenable to a challenge under Section 115 of the Code of Civil Procedure and not under Article 226 and 227 of the Constitution of India, in view of which, the writ petition would not be maintainable.

2.

Shri Vaishnav, learned Counsel for the petitioners seeks leave to withdraw the petition with liberty to file a Civil Revision Application with a request that the interim order dated 11/01/2021 be continued for a period of ten days to enable him to file the appropriate proceedings.

1709wp174 of 2021.odt 3.

Shri Alaspurkar, learned Counsel for the respondents has no objection.

4.

Leave to withdraw the writ petition is granted. 5.

The writ petition is disposed of as withdrawn with liberty as prayed for and the interim relief dated 11/01/2021 to continue for a period of ten days from today. There shall be no order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar