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Bombay High CourtCRA/164/2025disposed off

Laxman Zina Waghela v. Radhabai Ashok Waghela

2025-04-01Hon'Ble Shri Justice N. J. Jamadar2 pages

14-cra-164-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 164 OF 2025 Laxman Zina Waghela ...

Applicant V/s.

Radhabai Ashok Waghela ...

Respondent ------------------- Mr. Prakash Sutar, for the Applicant.

--------------------

CORAM

:

N.J. JAMADAR, J.

DATE :

1ST APRIL 2025.

PC:

1.

Heard the learned counsel for the Applicant.

2.

The challenge in this application is to an order dated 7th January 2025, whereby while ordering de-exhibition of the documents which appeared to be creating or extinguishing interest in immovable property, yet unregistered, the learned Judge, City Civil Court directed that the suit be posted for hearing on the point of rejection of the plaint. The learned counsel for the applicant submits that the suit is now posted before the learned Judge, City Civil Court on 4th April 2025. The learned counsel for the applicant expresses an apprehension that the plaint in the suit would be rejected without providing of an opportunity of hearing to the plaintiff.

3.

It is clarified that the learned Judge, City Civil Court shall varsha

14-cra-164-2025.doc provide an efficacious opportunity of hearing to the plaintiff before any order is passed with regard to the course of action indicated in the order dated 7th January 2025.

4.

Subject to the aforesaid clarification, the application stands disposed.

(N.J. JAMADAR, J) varsha