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Bombay High CourtWP/2844/2026disposed off

Keshav Maruti Kendre And Others v. Nagnath Maruti Kendre

2026-03-16Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2026:BHC-AUG:11537 PB-1 WP No.2844.2026 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2844 OF 2026 KESHAV MARUTI KENDRE AND OTHERS

VERSUS

NAGNATH MARUTI KENDRE ...

Advocate for the Petitioners : Mr. A. V. Indrale Patil ...

CORAM : S. G. CHAPALGAONKAR, J.

Date : 16th March, 2026 PER COURT :- 1.

The present writ petition is filed raising an exception to the order dated 12.03.2026 passed by the learned Joint Civil Judge, Jinior Division, Udgir, Dist. Latur below Exh. 67 and Exh. 1 in Regular Civil Suit No. 414 of 2017.

2.

Heard learned counsel for the petitioners. A limited grievance is raised that the petitioners had filed an application for the framing of an additional issue regarding limitation, which was deemed necessary during final arguments. The Trial Court, while rejecting the application below Exhibit 67, further directed that the matter proceed without the arguments of the defendants. It is submitted that the petitioners must be afforded an opportunity to submit written notes of arguments and make oral submissions

PB-1 WP No.2844.2026 -2based on the existing pleadings, evidence, and issues already framed.

3.

In that view of the matter and considering the limited prayer, this Court finds that an innocuous order can be passed without issuing notice to the respondents. The petitioners are hereby granted liberty to file written notes of arguments and relevant documents, and to make oral submissions, if so advised. The petitioners shall complete this procedure within a period of two weeks from today.

4.

With the aforesaid directions, the writ petition is disposed of.

5.

Authenticated copy is permitted.

(S. G. CHAPALGAONKAR, J.) Omkar Joshi