Atmaram Narayan Sanap vs Sangita Atmaram Sanap
2021 Latest Caselaw 1154 Bom

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                                                                      wp773.21.odt


          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                       WRIT PETITION NO.773 OF 2021

 Atmaram s/o Narayan Sanap                                 Petitioner

          Versus

 Sangita w/o Atmaram Sanap                                 Respondent


 Mr.C.V.Dharurkar, advocate for the Petitioner.


                                 CORAM : V.K.JADHAV, J.

                                 DATE         : 18th January, 2021.

 PC :

 1                Leave to fle copy of the impugned order below

 Exhibit-86.



 2                Heard learned Counsel for the petitioner.



 3                Learned Counsel for the petitioner submits that the

Respondent-original plaintif has instituted suit bearing RCS

No.342 of 2011 seeking a declaration about the decree passed in

HMP No.66 of 2000 dated 20th October, 2020, as null and void.

4 Learned Counsel for the petitioner submits that the

respondent-original plaintif has challenged the said compromise

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decree in HMP No.66 of 2000 after lapse of eleven years and

when the respondent-original plaintif has realized that her

second suit, challenging the compromise decree, is not

maintainable, at the fag end of hearing of the suit, has fled an

application at Exhibit-86 for treating the said suit as Misc. Civil

Application. The learned Counsel submits that the respondent-

original plaintif has placed reliance on the judgment in the

matter of Raghuvir Singh & others Vs. Ramdarshan

Ramcharan Kirar & others, reported in (2002) 1 MPLJ 617.

However, considering the facts of the present case, said case,

relied upon by the respondent-original plaintif, can be easily

distinguished.

5 In view of the above, issue notice to the respondents,

returnable on 15th February, 2021.

6 Till next date of hearing, further proceedings in Misc.

Civil Application No.1542 of 2020 are hereby stayed.

(V.K.JADHAV) JUDGE

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