Shri Ramdas S/O Yashwant Bhoyar And Another v. State Of Maharashtra, Through Collector, Yavatmal And 3 Others

WP264-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 264/2018 (RAMDAS YASHWANT BHOYAR & ANOTHER VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P. Marpakwar, counsel for petitioners.

Shri A.M. Balpande, A.G.P. for R-1 to 3.

Shri S.C. Bhalerao, counsel for R-4.

CORAM : A.S. CHANDURKAR, J.

DATE : JUNE , 2019.

The petitioners seek to challenge the order dated 16.12.2017 passed by the trial Court rejecting the plaint under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908.

As a result of rejection of plaint, the suit stands dismissed in the light of the provisions of Section 2(2) of the Code of Civil Procedure, 1908. Rejection of plaint amounts to passing of a decree. With liberty to the petitioners to challenge the aforesaid order by filing appeal under Section 96 of the Code, the writ petition is disposed of.

The points raised in the writ petition are kept open. The interim order dated 31.01.2018 shall continue to operate for a period of three weeks from today.

JUDGE APTE