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Bombay High CourtWP/2635/2022dismissed

Shri. Kishore S/O Mohanlal Paliwal And Others v. The Additional Executive Engineer, Audavahani Project Sub Division,Nagpur

2022-05-31Hon'Ble Shri Justice Avinash G. Gharote1 pages

(1) 16 wp2635.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2635 OF 2022 Kishor s/o Mohanlal Paliwal and others Vs. The Additional Executive Engineer, Auda Vahini Project Sub-Division, Nagpur and another --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P.S. Sahare, Advocate for petitioners.

Mr. M.R. Rajkondawar, Advocate for respondent nos.1 and 2. CORAM : AVINASH G. GHAROTE, J.

DATE : MAY 31, 2022.

The facts in the present matter are that the application under Order VII Rule 11 of the Code of Civil Procedure filed by the plaintiff/petitioner, in the suit of the plaintiff/petitioner reply was to be filed by the respondent/defendant on 02.05.2022, on which date, time was sought, which was granted and the matter was listed on 06.06.2022. On 04.05.2022, an application for taking the case on board came to be filed (Page No.102), upon which, the impugned order has been passed for listing the matter on 06.06.2022. Today is 31.05.2022 and the matter is already listed on 06.06.2022 before the trial Court in which reply to the application under Order VII Rule 11 has already been filed by the plaintiff/petitioner. Upon hearing the arguments the learned trial Court is likely to decide the application, considering which the petition itself has become infructuous and same is dismissed as such. No costs. JUDGE Wagh