Mangaldas Nago Gaygawali v. Suresh Fuktu Gaygawali

16wp 5361.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 5361/2021 Mangaldas Nago Gaygawali ..VS..

Suresh Fuktu Gaygawali ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S.A. Chaudhari, Advocate for the petitioner CORAM : AVINASH G. GHAROTE, J.

DATED : 20/12/2021 Heard Shri Chaudhari, learned Counsel for the petitioner.

2.

The petition challenges the order dated 11.10.2021, on Exh. 99, whereby the application for framing additional issues has been rejected by learned trial Court. By the said application, an additional issue, that the construction of the staircase was illegally completed, has been sought to be framed.

3.

In my considered opinion, issue no. 2 is already framed by the learned trial Court, which covers the proposed issue, as the same is related to the illegal construction of the staircase. It is not disputed that the parties have led evidence on record regarding the subsequent construction made during the pendency of the suit. In view of this, the plea would be clearly decided SMGate

16wp 5361.2021.odt while deciding issue no. 2. I, therefore, do not find any infirmity in the impugned order.

4.

Accordingly, the writ petition is dismissed. No costs.

JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2021.12.20 18:07:19 +0530 SANDIP MAHADEV GATE SMGate