Bombay High CourtWP/7471/2018dismissedrule discharged

Harish S/O Baburao Pulli (@ Pilley) And Others v. Lodge Berar No. 28, Gli, Amravati By Trustees Master Vijay Prakash Beniprasad Kanoriya And Others

2019-06-26Hon'Ble Shri Justice A.S. Chandurkar2 pages

WP7471-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7471/2018 (HARISH BABURAO PULLI @ PILLEY & OTHERS VERSUS LODGE BERAR NO.28, GLI, AMRAVATI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Dhore, counsel for petitioners.

Shri K.P. Mahalle, counsel for R-1 to 5.

CORAM : A.S. CHANDURKAR, J.

DATE : JUNE , 2019.

An order passed by the Appellate Court rejecting the application that was filed by the petitioners under provisions of Order XVIII Rule 18 of the Code of Civil Procedure, 1908 (for short, 'the Code') is under challenge.

Heard the learned counsel for the parties and perused the documents on record. In paragraph 8 of the said order, the Appellate Court has observed that the date when the application was being considered, it was yet to form any opinion as to the necessity of inspecting the said property. Under provisions of Order XVIII Rule 18 of the Code, it is the discretion of the Court to inspect the property if it finds it necessary.

By observing that it is open for the Appellate Court to invoke its powers under provisions of Order XVIII Rule 18 of the Code if it finds it necessary and by clarifying that the impugned order would not come in the way if such powers are sought to be exercised at a later stage, I do not find any reason to interfere with the impugned order.

WP7471-18 The Writ Petition is therefore dismissed. No costs. JUDGE APTE