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Bombay High CourtWP/7596/2016dismissed

Shivani Dilip Desai v. Shri. Vijay Mhalharrao Desai

2019-01-22Hon'Ble Shri Justice K.K. Tated1 pages

7596.16-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7596/2016 Shivani Dilip Desai ... Petitioner V/s.

Vijay Mhalharrao Desai ... Respondent Mr. Amit Borkar for the Petitioner Mr. Prasad B. Kulkarni for the Respondent

CORAM:

K.K. TATED, J.

DATED :

JANUARY 22, 2019 P.C. :

Heard.

By this petition under Article 227 of the Constitution of India, the Petitioner - Plaintiff challenges the order dated 29.03.2016 passed by the learned District Judge - 1, Kolhapur below Exhibit- 24 in Regular Civil Appeal No. 106/2015 rejecting Plaintiff's Application for recasting the issues. The learned counsel for the Petitioner submits that during pendency of the Writ Petition, the Regular Civil Appeal No.106/2015 itself stood disposed of finally. He submits that in view of disposal of the appeal itself, nothing survives in the Writ Petition.

Hence, the Writ Petition stands dismissed as infructuous. No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 1/1