Shri. Nitin S/O. Vijay Bansal v. Shri. Vasantrao S/O. Maroti Gandhare And Others105

1408 WP 4907-2015 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 4907/2015 (SHRI NITIN VIJAY BANSAL -vs- SHRI VASANT MAROTI GANDHARE AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A.S. Jaiswal, Sr. Counsel & Shri R.B. Mehadia, counsel for petitioner.

Shri P.P. Kothari, counsel for respondent nos.1 to 3. CORAM: SHRI S.C. GUPTE, J.

DATE : AUGUST 14, 2017.

Heard learned counsel for the parties.

After the writ petition is heard at some length, it is agreed between the parties that it can be disposed of finally in terms of the following order. (i) The impugned order of the Civil Judge (Sr. Dn.), Nagpur dated 07/04/2015 is quashed and set aside. (ii) The petitioner (original plaintiff) withdraws his application for amendment of the plaint vide Exh.29. (iii) The petitioner (original plaintiff) will be at liberty to file a fresh suit on the basis of the cause of action contained in his application for amendment (Exh.29).

1408 WP 4907-2015 2/2 (iv) All rights and contentions of the parties in such fresh suit including the question of limitation shall be kept open, except that the period between 04/07/2014 and today's date, shall stand excluded as time taken for bonafide prosecution of the suit in a court which lacks jurisdiction.

The petition is disposed of in above terms.

No order as to costs.

JUDGE Yenurkar