Shashishekhar S/O Mahesh Vyas And Another v. Radhakishan Toshinwal Public Trust, Akola Thr. Vinodkumar S/O Shrivishnu Toshniwal And Others

930-WP-2150-19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2150 OF 2019 Shashishekhar s/o Mahesh Vyas and anr.

-vsRadhakishan Toshniwal Public Trust and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri N. R. Tekade, Advocate for petitioners.

CORAM : A.S.CHANDURKAR, J.

DATE : March 15, 2019 Heard.

The defendants seek abatement of the suit on the ground that one of the legal heirs of defendant No.1 has not been impleaded in the suit. The application at Exhibit-157 was made when final arguments were to be made in the suit.

I am not inclined to exercise writ jurisdiction at this stage of proceedings. It is open for the petitioners to contend that the proceedings had abated while arguing the suit finally.

Keeping said contentions open, the writ petition is dismissed. No costs.

JUDGE Asmita