Nilkanth Motiram Metange vs Raju Narayan Kusram
2022 Latest Caselaw 10413 Bom

                                                     1/2                      21-WP 6248.2022

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

                       WRIT PETITION NO. 6248 OF 2022
                                Nilkanth Motiram Metange
                                               vs.
                                  Raju Narayan Kusram
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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. M. Vaishnav, Advocate for petitioner.

                                        CORAM        :      AVINASH G. GHAROTE J.
                                        DATE         :      10/10/2022

Heard Mr.S.M.Vaishnav, learned counsel for the petitioner, who takes exception to the order dated 26.09.2022 (page 19) where the objection raised by the petitioner regarding the maintainability of the objection raised by the respondent has been rejected on the ground that Section 9-A of the Civil Procedure Code, 1908 has been deleted.

2. It is contended that since there is already a conclusive decision given by this Court in Writ Petition No.3429 of 2021, dated 09.09.2021 (para 6 page 67) that the respondent has no right whatsoever to continue in occupation of the property in question, it is the petitioner alone, who is the legal heir of late Usha Metange being a husband as per the finding rendered in

KOLHE 2/2 21-WP 6248.2022

Judgment in Misc.Civil Application No. 50 of 1999 decided on 28.09.2007 and the learned lower Court ought to have framed preliminary issue under Order 14 Rule 2 for deciding the maintainability of the objection in question.

3. Considering which, issue notice for final disposal at the stage of admission itself, returnable on 17.10.2022.

JUDGE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:10.10.2022 21:09

KOLHE