wp.1255.16.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1255 OF 2016
M/s. Shewalkar Developers Limited,
through its Vice President,
Shri Shabbir s/o Ahmed Khan,
Aged about 54 years, Occ. Service,
Regd. Office at Shewalkar Arcade,
West High Court Road, Laxmi Bhawan Square,
Dharampeth, Nagpur. .... Petitioner
-- Versus -
01] Sidartha Sinha s/o Pratap Sinha,
Aged about 57 years, Occ. Service,
R/o 171, Shraddhanandpeth,
Near Bank of Baroda, Nagpur.
02] Pramod s/o Harishankar Bhargava,
Aged about 72 years, Occ. Business,
R/o 146, Ramdaspeth, Nagpur.
03] Rajiv s/o Pramod Bhargava,
Aged about 47 years, Occ. Business,
R/o 146, Ramdaspeth, Nagpur.
04] Shivshankar s/o Babulal Khemuka,
Aged about 72 years.
05] Kiran w/o Shivshankar Khemuka,
Aged about 62 years.
Above respondent nos.4 and 5 are r/o
c/o Yash Kemka, Flat No.301, 3rd Floor,
Yash Heights, Near Das Jwellers,
North Ambazari Road, Nagpur.
06] Sarladevi Parasrampura,
Aged about 61 years.
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07] Manju w/o Ashok Parasrampura,
Aged about 59 years.
Above respondent Nos.6 to 7 are r/o
146,, Ramdaspeth, Nagpur. .... Respondents
Shri S.P. Dharmadhikari, Senior Advocate with
Shri S.O. Ahmed, Advocate for the Petitioner.
Shri P.N. Kothari, Advocate for Respondent Nos.4 & 5.
CORAM : KUM. INDIRA JAIN, J.
DATE : JUNE 27, 2017. ORAL JUDGMENT :-
Rule. Rule made returnable forthwith.
02] Heard Shri S.P. Dharmadhikari, learned Senior Counsel for petitioner and Shri P.N. Kothari, learned Counsel for respondent nos.4 and 5.
03] Challenge in the petition is to the order dated 30/10/2015 passed by learned Joint Civil Judge Senior Division, Nagpur below Exh.176 in Special Civil Suit 543/1999 allowing application by respondent nos.4 and 5 for setting aside 'no cross' order passed on 21/09/2013.
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05] In view of the observation, particularly in paragraph 4 of the impugned order, this Court does not find any jurisdictional error. Hence, no interference is warranted in writ jurisdiction. Writ Petition No.1255/2016 stands dismissed.
Rule is discharge with no order as to costs.
*sdw (KUM. INDIRA JAIN, J.)
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