Chandrashekhar S/O Madanlal ... vs Bharat Petroleum Corporation ...
2022 Latest Caselaw 6727 Bom

                                               1/2                              WP 3939.2022

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

                     WRIT PETITION NO. 3939 OF 2022
                     Chandrashekhar s/o Madanlal Gattani
                                      vs.
                 Bharat Petroleum Corporation Ltd., and another
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. S. S. Sarda, Advocate for petitioner.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       15/07/2022

It is contended that the impugned order dated 17/10/2019, is unsustainable, for the reason that the application under Order 1 Rule 10 of the Civil Procedure Code could not have been granted because the original judgment and decree of the trial Court specifically decided an issue, concluding that the disputed site had fallen to the share of the petitioner herein, in the partition dated 01/02/1972.

Despite such a clear finding given in the judgment and decree, which had attained finality, according to the learned counsel for the petitioner, the impugned order could not have been passed. It is brought to the notice of this Court that a review application filed by the petitioner was also dismissed on 16/02/2022

KOLHE 2/2 WP 3939.2022

and both the orders are subject matter of challenge in the present writ petition.

2. Issue notice for final disposal, returnable on 12/09/2022.

3. It is pointed out that even the application under Order 1 Rule 10 of the Civil Procedure Code was filed by respondent No.1 and not the persons who were sought to be added as parties. For this reason, for the present, the said parties are not directed to be added as respondents in this writ petition.

4. In the meanwhile, there shall be ad- interim stay in terms of prayer clause (II).

JUDGE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:18.07.2022 15:37

KOLHE