M/S Divya Builders, Nagpur Thr. ... vs Prabha Wd/O Shankarrao Popatkar ...
2017 Latest Caselaw 7233 Bom

        wp2323.17.J.odt                                                                                               1/2    


                   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
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri S. P. Agrawal, Advocate for the Petitioner.
        Shri S. B. Walekar, Advocate for the Respondent No.3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                           CORAM  :   S. C. GUPTE, J.

th DATE : 15 SEPTEMBER, 2017.

ORAL JUDGMENT :

Heard learned counsel for the parties.

         wp2323.17.J.odt                                                                                               2/2    


        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