Jokhairam Ramcharan Kahar, Through P.A. Holder Ramadhar Jokhairam Kahar v. Ashok Ramchandra Sawant

63-wp12483-2017.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12483 OF 2017 VAIBHAV RAMESH JADHAV Jokhairam Ramcharan Kahar Through His Power of Attorney Ramadhar Jokhairam Kahar ... Petitioner V/s.

Ashok Ramchandra Sawant ... Respondent VAIBHAV RAMESH JADHAV Date: 2024.11.27 15:39:00 +0530 Mr. Venkatesh A. Shastry for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 27, 2024 P.C.:

1.

The Trial Court, by the impugned order, has rejected the plaint under Order 7 Rule 11 of the Civil Procedure Code, 1908 which has force of a decree, hence, the petitioner has remedy by way of appeal under section 96 of the Civil Procedure Code, 1908. Keeping all contentions raised in the writ petition open to be agitated in the appeal, the writ petition stands disposed of with liberty to the petitioner to file substantive appeal. 2.

The period spent in prosecuting present writ petition shall be excluded while counting the delay in filing substantive appeal. 3.

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

(AMIT BORKAR, J.)