Bombay High CourtWP/3336/2014dispossed offdismiss for default

Ramesh S/O Dhondu Bisen v. Mrs. Jamilabee Wd/O Rafiqkahan

2015-12-01Hon'Ble Shri Justice Z.A. Haq1 pages

1 wp3336.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.3336 OF 2014 (Ramesh s/o Dhondu Bisen ..vs.. Mrs. Jamilabee wd/o Rafiqkhan) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 01-12-2015 Shri R.M. Pande, learned Advocate for the petitioner states that the interim order passed by the trial Court allowing the application filed by the respondent seeking permission to amend the plaint has been challenged in this petition. It is submitted that as the interim order was not granted, the civil suit is disposed and therefore, in these circumstances, the writ petition has become infructuous.

Ms. Darshana Gandhi, learned Advocate holding for Shri M.S. Chandwani, Advocate for the respondent does not dispute the above submission.

Hence, the petition is disposed as infructuous. In the circumstances, the parties to bear their own costs. Needless to say that the legality of the impugned order has not been examined and it will be open for the petitioner/defendant to raise appropriate challenge in appropriate proceedings, if so advised.

JUDGE pma