Mr. Kamalakar Manohar Kulkarni v. Mr Umesh Kashinath Salunkhe

12-CRA-249-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 249 OF 2026 Kamalakar Manohar Kulkarni ...Applicant

Versus

Umesh Kashinath Salunkhe & Anr

...Respondents

Mr. Suresh Mali, for the Applicant.

CORAM:

N. J. JAMADAR, J.

DATE :

28th APRIL 2026 P.C.:

1.

Heard the learned Counsel for the Applicant.

2.

The challenge in this Application is to an order dated 9th March 2026 passed by the learned Civil Judge in SCS No. 49 of 2025. 3.

The learned Counsel for the Applicant submitted that the suit is based on forged, fabricated and fraudulent documents. ARUN RAMCHANDRA SANKPAL 4.

The learned Civil Judge was persuaded to reject the Application by ARUN RAMCHANDRA SANKPAL Date: 2026.04.30 11:29:27 +0530 for rejection of the Plaint on the aforesaid ground, as the said ground is essentially a matter of defence.

5.

It is trite, at the stage of consideration of the Application for rejection of the Plaint, the defence of the Defendant is not at all germane. Whether the instrument on the basis of which the suit is ARS 1/2

12-CRA-249-2026.DOC instituted is a forged and fabricated is a matter for adjudication at the trial.

6.

Thus there is neither a jurisdictional error nor legal infirmity in the impugned order, nor the learned Civil Judge has exercised the jurisdiction with material irregularity so as to warrant exercise of revisional jurisdiction.

7.

Application stands dismissed.

[N. J. JAMADAR, J.] ARS 2/2