Karunakar Shetty Sundar Shetty Pangal v. Smt. Vijaylakshmi K. Shetty And ANR

44 wp 1303 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1303 OF 2025 Karunakar Shetty Sundar Shetty Pangal ...

Petitioner versus Vijayalakshmi K. Shetty and Anr.

...

Respondents Mr. Mihit S. Raje (through VC), for Petitioner. CORAM: N.J.JAMADAR, J.

DATE :

9 JUNE 2026 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order passed in review petition filed by the Petitioner against an order of rejection of the plaint. 3.

Since the order of rejection of the plaint amounts to a decree and is SWAROOP SHARAD PHADKE appealable, there is no propriety in entertaining the writ petition against such SWAROOP SHARAD PHADKE Date: 2026.06.11 11:49:07 +0530 an order. The fact that the review petition was filed against the order of rejection of the plaint is of no significance. The Petitioner is at liberty to file an appeal before the appropriate forum.

4.

The time spent by the Petitioner in prosecuting this petition may be accounted for in the event the question of limitation for filing the appeal arises. 5.

The Writ Petition stands disposed.

( N.J.JAMADAR, J. ) SSP 1/1