Mahadeo S/O Madhav Wararkar And 2 ... vs Digamber S/O Madhav Wararkar And 3 ...
2017 Latest Caselaw 8247 Bom

 Judgment.                                                          lpa115.10
                                   1




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


               LETTERS PATENT APPEAL NO. 115/2010
                 IN WRIT PETITION NO. 3004/2009.



      1. Mahadeo s/o Madhav Wararkar,
         Aged about 67 years, Occ - Agril.

      2. Suresh s/o Madhav Wararkar,
         Aged about 42 years, Occ - Agril.

      3. Sadashiv s/o Madhav Wararkar,
         Aged about 47 years, Occ - Service.

          R/o. D.R.C. Quarters, Durgapur,
          Tq. and District Chandrapur.             .... APPELLANTS.


                               VERSUS 


      1. Digamber s/o Madhav Wararkar,
         (Dead through L.Rs.)
         (a) Smt. Kasubai wd/o s/o Digambar Wararkar,
         Aged about 75 years, Occ - Household.

          (b) Ramdas Digambar Wararkar,
          Aged about 50 years, Occ - Cultivation.

          (c) Bhaskar Digambar Wararkar,
          Aged about 35 years, Occ - Not known.

          All residing of Wada, Tah. & District
          Chandrapur.




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  Judgment.                                                           lpa115.10
                                       2



          (d) Sau. Sindhubai Shamrao Wabhitkar,
          Aged about 47 years, Occ- Household,
          r/o. Sawari Bangla, Bhivapur Ward,
          Chandrapur, Tah. And District Chandrapur.

          (e) Sau. Anita Bandu Parkhi,
          Aged about 40 years, r/o. Pardi, Tah. Wani,
          District Yeotmal.

          (f) Sau. Indira Shatrugan Khapne,
          Aged about 30 years, r/o. Mangali, Tah.
          Bhadrawati, District Chandrapur.

      2. Bhaskar s/o Digambar Wararkar,
         Aged about 40 years, Occ - Agril.
         Resident of Wada, Tq. & Distt. Chandrapur.

      3. Sanjay s/o Shankar Wararkar,
         Aged about 42 years, Occ - Agril.
         R/o. Wada, Tah. And District
         Chandrapur.

      4. Shankar s/o Vithoba Wararkar,
         Aged 57 years, Occ - Agril.
         R/o. Wada, Tq. & District 
         Chandrapur.                                ... RESPONDENTS.


                             --------------------------

None for the appellants.

Shri A. Parchure, Advocate for L.R.1(b).

--------------------------

                               CORAM       :  B.P. DHARMADHIKARI &
                                              SMT. SWAPNA JOSHI, J
                                                                  J.
                                                                    

                               DATE        :  OCTOBER 30, 2017.





  Judgment.                                                         lpa115.10

ORAL JUDGMENT : (Per B.P. Dharmadhikari, J.)

Respondent nos. 1, 2 and 5 in a Writ Petition before

learned Single Judge, assail judgment dated 01.10.1999

delivered by him in this Letters Patent Appeal.

2. Writ Petition was filed by deceased respondent no.1

Digambar and respondent no.2 Bhaskar, challenging stay of

Civil Suit under Section 10 of Civil Procedure Code. That order

was passed by the Civil Judge, Junior Division, Chandrapur and

in paragraph no.7, after noticing that there was no question of

any conflict in Regular Civil Suit No.111/1993 filed by present

respondent nos. 1 and 2 and Regular Civil Suit No.325/2007,

stay of Suit was found unnecessary.

3. Thus, proceedings arise out of adjudication by Civil

Court under Civil Procedure Code. Hence, following the law

laid down in judgment reported at (2017) 5 SCC 533 (Ram

Kishan Fauji .vrs. State of Haryana and others), the present

Judgment. lpa115.10

Letters Patent Appeal is not maintainable. It is accordingly

dismissed. No costs.

                           JUDGE                       JUDGE

 Rgd.