Dr. Piyush Anil Thorat Through His ... vs Smt. Dipli W/O Arvind Deshmukh And ...
2017 Latest Caselaw 6117 Bom

        wp1220.16.J.odt                                                                                               1/2    


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          NAGPUR BENCH, NAGPUR


                                  WRIT PETITION NO. 1220 OF 2016


             Dr. Piyush Anil Thorat
             Aged adult, Occ : Medical Practitioner.
             Present residing at Bombay.
             Through his Power of Attorney holder,
             Shri Anil Yadaorao Thorat.
             Aged Adult,
             R/o. Harshraj Colony, Kathora Naka.
             Amravati, Tah & Dist-Amravati.                        .....PETITIONER

                          ...V E R S U S...

        1]  Smt. Dipali W/o Arvind Deshmukh,
              Aged about 47 years, Occu : Agriculturist.

        2]   Rajsing Arvind Deshmukh.
              Aged about 27 years. Occu : Agriculturist.

        3]   Vikram Arvind Deshmukh,
              Aged about 25 years. Occu : Agriculturst.
              All R/o-Main road, Banosa,
              Tah-Daryapur, Dist. Amravati.                   ...... RESPONDENTS.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri S. M. Vaishnav, Advocate for the Petitioner.
        Shri R. J. Shinde, Advocate for the Respondent Nos.1 to 3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                           CORAM  :   S. C. GUPTE, J.

th DATE : 16 AUGUST, 2017.

ORAL JUDGMENT :

Heard learned counsel for the parties.

         wp1220.16.J.odt                                                                                               2/2    


        02]                Rule,   made   returnable   forthwith   and   taken   up   for

hearing with consent of counsel for the parties.

03] This Writ Petition challenges an order passed by the

Joint Civil Judge Senior Division, Amravati on a preliminary issue

framed under Section 9(A) of the Code of Civil Procedure. After

the petitioner is heard at some length, it is agreed between learned

counsel for the parties that the impugned order can be set aside

and the matter remanded to the Joint Civil Judge Senior Division,

Amravati for a fresh hearing on the preliminary issue framed under

Exh.18 in accordance with law. The learned Judge shall permit the

parties to lead their respective oral evidence and then decide the

issue.

04] Rule is accordingly made absolute in the above terms

and the petition is disposed of.

JUDGE PBP