Harikisan Govardhandas Loddha (Since Deceased Thr. Lrs) Ajad Harikisan Loddha v. Shri. Babuji Deshmukh Wachnalaya, A Read, Public Trust, Akola And Others

24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2562 of 2024 HARIKISAN GOVARDHANDAS LODDHA (SINCE DECEASED THR. LRS) AJAD HARIKISAN LODDHA VS SHRI. BABUJI DESHMUKH WACHNALAYA, A READ, PUBLIC TRUST, AKOLA AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri J.B. Gandhi, Advocate for the Petitioner/s

CORAM

: ANIL S. KILOR, J.

DATE : 24.04.2024 1.

Heard.

2.

In this petition, the application Exh.12 for framing point to determine the issue, came to be rejected vide order dated 02.11.2023 passed by the Joint Civil Judge Junior Division, Akola in Regular Darkhast No.102 of 2016, is under challenge. 3.

The point of determination in relation to limitation and nullity of the decree.

4.

After considering the request of the petitioner/Judgment Debtor, the trial Court observed that the application is not tenable. The trial Court further observed that there is no substance in the grounds raised in the application Exh. 12. The trial Court has recorded its reason in para 3 of the order. 5.

According to me, there is no illegality or perversity committed by the learned trial Court in rejecting the application Exh. 12.

6.

In that view of the matter, the writ petition is dismissed. [ANIL S. KILOR, J.] nd.thawre