Dipak S/O Chandrakant Khot v. Sau. Shakuntala W/O Ashokkumar Lohiya And Another

0806mca547.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Misc. Civil Appeal No.547 of 2017 (for Review) In Writ Petition No.1842 of 2017 (D) [Dipak s/o Chandrakant Khot, Akola v. Sau. Shakuntala w/o Ashokkumar Lohia, Akola, and another] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.V. Sohoni, Advocate for Review Applicant/Original Petitioner.

Coram : R.K. Deshpande, J.

Date : 8 th June, 2017 This application has been filed for review or modification of the order dated 24-4-2017 passed in Writ Petition No.1842 of 2017 to the extent it directs the Trial Court not to entertain any application but to decide the suit finally, and if the petitioner-defendant wanted to file any application, the same can be filed in appeal.

I do not find any reason to review or modify the order passed by this Court. However, if the question of maintainability of the suit is based upon undisputed factual position, the same can be decided by the Trial Court at the time of final hearing of the suit.

0806mca547.17.odt The Misc. Civil Application for review is dismissed. Judge.

Lanjewar