Shri. Nijam Ahmed Shahanediwan v. Abbas Gulab Shahanediwan And ORS

28.5467.15-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5467/2015 Nijam Ahmed Shahanediwan ... Petitioner V/s.

Abbas Gulab Shahanediwan & Ors.

... Respondents Mr. Vinayak Kumbhar I/b. M. G. Bagkar for the Petitioner Mr. T. S. Ingale for Respondent Nos.4A to 4E.

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 27, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 17.04.2015 passed by the Civil Judge, Junior Division, Shirala, under order 14 Rule 5 of the Code of Civil Procedure, 1908 framing additional issues on the basis of the pleadings. It is specifically stated by the Trial Court that, it remained to frame issues on the basis of the counter claim and additional written statement filed by the Defendant. The Trial Court has passed a reasoned order to that effect.

Considering these facts, I do not find any reason to entertain the Writ Petition.

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

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