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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2323 OF 2017
M/s. Divya Builders A Registered
Partnership Firm,
Having its Registered Office at
Ganesh Chambers, Mehadia Chowk,
Dhantoli, Nagpur.
Through its Partner
Shri Kamlesh S/o Chandrashekhar Dadhe,
Aged about 55 years, Occ.: Business,
R/o-Ramdaspeth,Nagpur. .....PETITIONER
...V E R S U S...
1] Prabha Wd/o Shankarrao Popatkar,
Aged about Major. Occ.: Housewife.
2] Shri Prashant S/o Shankarrao Popatkar,
Aged about Major, Occ.: Service.
3] Shri Sandesh s/o Shankarrao Popatkar,
Aged about Major, Occ.: Service.
All R/o Sadar, Gandhi Chow, Nagpur. ...... RESPONDENTS
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Shri S. P. Agrawal, Advocate for the Petitioner.
Shri S. B. Walekar, Advocate for the Respondent No.3.
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CORAM : S. C. GUPTE, J.
th DATE : 15 SEPTEMBER, 2017.
ORAL JUDGMENT :
Heard learned counsel for the parties.::: Uploaded on - 20/09/2017 ::: Downloaded on - 21/09/2017 01:08:08 :::
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02] Rule. Rule made returnable forthwith and taken up for
hearing with consent of counsel for the parties. 03] By a separate reasoned order passed in the companion petition, namely, Writ Petition.2322 of 2017, Rule is made absolute and the impugned order of the trial Court is quashed and set aside. A similar order is challenged in the present petition by the same petitioner. It is agreed between learned counsel for the parties that the facts of this case are similar to the facts of the companion petition and the reasons given in the order passed in the companion petition would, accordingly, govern the controversy even in the present case.
04] Rule is, accordingly, made absolute even in this petition for the same reasons as indicated in the companion petition. The impugned order of the trial Court passed on Exh.45 is quashed and set aside and Exh.45 is allowed. No order as to costs.
JUDGE PBP ::: Uploaded on - 20/09/2017 ::: Downloaded on - 21/09/2017 01:08:08 :::