Rajan Samuel Gaikwad v. Tarunjitsingh Amarsingh Bhalla And Others

2025:BHC-NAG:474 36 WP-7429-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.7429 OF 2023 [Rajan Samuel Gaikwad ..vs.. Tarunjitsingh Amarsingh Bhalla and Ors.] __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mrs S. Paunikar, Advocate for Petitioner.

Mr G. K. Bhusari, Advocate for Respondent Nos.1 to 6.

CORAM

: ANIL L. PANSARE , J.

DATE : 16 th JANUARY, 2025.

1.

On 13.01.2025, following order was passed :

"The learned counsel for respondent submits that the petition is not maintainable.

2.

The order impugned is passed under Order VII Rule 11 (d) of the Code of Civil Procedure, 1973, which amounts to decree and thus, the petitioner ought to have filed appeal under Section 96 of the Code of Civil Procedure, 1908.

3.

The learned counsel for petitioner seeks time to have research on the point.

4.

Stand over to 16.01.2025."

2.

The counsel for petitioner agreed with the above position of law and accordingly seeks permission to withdraw the petition with liberty to avail appropriate remedy as is available in law.

3.

Permission granted. The petition is disposed of as withdrawn.

JUDGE TAMBE