Bombay High CourtWP/6690/2015dispossed offdismiss for default

Gaurishankar S/O. Harichandra Akre v. Umashankar S/O. Harichandra Akre And Others

2016-08-11Hon'Ble Shri Justice A.S. Chandurkar3 pages

1 11.8wp6690.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6690 OF 2015 GAURISHANKAR S/O HARICHANDRA AKRE VS UMASHANKAR S/O HARICHANDRA AKRE AND 4 OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Alok Daga, Advocate for the petitioner. Shri S. A. Deole Advocate h/f Shri Shrikant Deo, Advocate for the respondent nos.1 to 5.

CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 11, 2016.

After hearing the respective Counsel for the parties for some time, Shri Alok Daga, the learned Counsel for the petitioner submits that the petitioner is not desirous of prosecuting the application filed below Exhibit-39 that has been rejected by the trial Court. He submits that the petitioner shall move separate application for framing the issue regarding valuation of the suit property which could be tried along with other issues.

In view of aforesaid, by recording statement made by the learned Counsel for the petitioner that application below Exhibit-39 is not pressed and with liberty to the petitioner to move an application for framing additional issue on the aspect of valuation which issue if framed shall be tried along with all other issues, the writ petition is disposed of. If

2 11.8wp6690.15 such application for framing additional issue is moved, the same shall be decided in accordance with law without being influenced by the grant of aforesaid liberty. JUDGE /MULEY/

3 11.8wp6690.15 C E R T I F I C A T E " I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by : Sanjay B. Muley, Uploaded on : 12-08-2016 Personal Assistant.