Prakash Sadashiv Jagtap And ANR v. Sunanda Narayan Jagtap And ORS

49 Wp-17482-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17482 OF 2024 Prakash Sadashiv Jagtap and Another.

...Petitioners.

Versus

Sunanda Narayan Jagtap and Others.

...Respondents.

------ Mr. Nilesh Wable for the Petitioner.

Ms. Priyanka Chavan, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : December 10, 2024.

P. C. :

1.

Heard.

2.

Learned counsel appearing for the Petitioner submits that the second application based on the same cause of action under Section 5 of the Mamlatdar's Courts Act, 1906 is not maintainable particularly considering the limitation of 6 months prescribed under the Mamlatdar's Courts Act, 1906.

3.

Issue notice to Respondent Nos.1 and 2, who are the contesting Respondents, returnable on 21st January, 2025. In addition to Court notice, advocate for the Petitioner to serve the Respondent Nos. 1 and 2 by private notice by all possible modes of service and file affidavit of service before the next date.

4.

Learned AGP waives notice for the Respondent Nos. 20 and 21. [Sharmila U. Deshmukh, J.] Patil-SR 1 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 11/12/2024 12:33:26