Tikamdas Sikhdeodas Vaishnao v. The Municipal Council, Thr. Its Chief Officer, Nagar Parishad, Achalpur And Another

12-wp8567.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 8567 of 2022 Tikamdas Sukhdeodas Vaishnao Vs.

The Municipal Council, thr. Its Chief Officer and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr.P.R.Agrawal, counsel for the Petitioner.

CORAM : ANIL S. KILOR, J.

DATED : 09.01.2023.

Heard the learned counsel for the petitioner. 2.

The order below Exhibit-36, dated 31/03/2022, passed by the Joint Civil Judge, Senior Division, Achalpur in Special Civil Suit No22 of 2014 is under challenge.

3.

After going through the impugned order and the pleadings made by both the parties, the learned Trial Court did not find it necessary to frame additional issues as sought by the petitioner for complete adjudication of the dispute involved in the suit. 4.

It is a settled law that if the Court finds that additional issues are necessary to be framed for complete adjudication of the dispute involved in the KHUNTE

12-wp8567.22.odt suit, the Court shall frame such additional issues at any stage of the proceedings.

5.

In this case, the Court has not find it necessary to frame the issues, as sought by the plaintiff, and accordingly, the reasons are recorded to that effect while rejecting the application.

6.

After going through the impugned order, I do not find any error or perversity committed by the learned Trial Court. Accordingly, the writ petition is dismissed. No order as to costs.

[ANIL S. KILOR, J.] Signed By:GHANSHYAM S KHUNTE KHUNTE