Shri. Tukaram Gundyaba Sakore And ORS. v. Smt. Saraswati Genubhau Satkar And ANR.

43-wp4648-2018.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4648 OF 2018 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.12.05 16:08:51 +0530 Tukaram Gundyaba Sakore & Ors.

... Petitioners V/s.

Saraswati Genubhau Satkar & Anr.

... Respondents None for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 5, 2024 P.C.:

1.

By the impugned order, the Trial Court has rejected the petitioners' application under Section 9A and under Order VII Rule 11 of the Civil Procedure Code, 1908 in a suit for partition, declaration and injunction. Considering the fact that the issue involved is mixed question of law and fact, the Trial Court was justified in rejecting the application. Hence, no interference is called for in the impugned order. The writ petition is, therefore, dismissed.

2.

However, contention raised by the petitioners regarding maintainability of the suit is kept open to be agitated at the time of hearing of the suit.

3.

Pending interlocutory application(s), if any, stand disposed of.

(AMIT BORKAR, J.)