Shri A. B. Ghatge Through Its Prop. Shri Arun Bhagwan Ghatge (Decd) Through Lrs. v. Babu Miya Dairy Products Through Its Prop. Shri. Mohammed Sidiqu Ali

3-wp2625-16.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2625 OF 2016 A.B. Ghatge, through Its Prop.

Arun B. Ghatge, since deceased through His L.Rs. & Ors.

...Petitioners

V/s.

Babu Miya Dairy Products through its Prop. Mr.Mohammed S. Ali

...Respondent

Mr.P.M. Arjunwadkar for the Petitioners.

Mr.Anilkumar K. Patil for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 4TH SEPTEMBER, 2018.

P.C. :- 1.

Heard learned counsel appearing for the parties. Mr.Patil, learned counsel for the respondent opposes this petition vehemently. However, in view of deletion of section 9-A of the Code of Civil Procedure, 1908, in my view this petition stands abated. The issue framed by the learned Trial Judge under section 9-A of the Code of Civil Procedure, 1908 may be tried as one of the issue along with other issues under Order XIV Rule 2 of the Code of Civil Procedure, 1908.

2.

The writ petition is dismissed as abated with the aforesaid clarification.

Vasant Anandrao Idhol Date: 2018.09.06 12:55:03 +0530 (R.D. DHANUKA, J.) Vasant Anandrao Idhol 1/1