Petitioner challenged an order allowing recasting of issues in a civil suit concerning property ownership and allegation of respondent's minority. High Court rejected application to meddle with trial order and dismissed the petition without cost.
Writ petition dismissed with no order as to costs.
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wp2694-10
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2694 OF 2010
Balaji s/o Baburao Kondawar Age – 39 years, Occ – Agriculture R/o Village- Dour, Taluka – Bhokar District - Nanded
PETITIONER
VERSUS
Mr. Prashant R. Katneshwarkar, Advocate for the petitioner Mr. Rajat Patoni h/f Mr.A.P.Bhandari, Adv. for respondent No.1
[CORAM : SUNIL P. DESHMUKH, J.]
DATE : 6th JANUARY, 2021
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wp2694-10
JUDGMENT :
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wp2694-10
respondent No. 1 so also cross objection was filed by present petitioner. The suit came to be decreed in toto by the first appellate court, in the cross objection filed on behalf of present petitioner under order dated 23rd March, 2006.
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wp2694-10
appearing on behalf of respondent No. 1 submits that the issues arise out of pleadings and nexus of issues are the pleadings. It is not the case that there are no pleadings in respect of minority of present respondent No.1. There are in fact pleadings to that effect and the same have been resisted by present petitioner, defendant in Regular Civil Suit No. 35 of 2006. In the circumstances, issues, as sought to be framed, do arise. He submits that trial judge, having regard to pleadings and going by the provisions of law, has passed the order, which is proper and legal.
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there are pleadings to that effect and the same have been resisted, it is not the case wherein this court shall meddle with the order. Writ petition, therefore, is not entertained and is dismissed with no order as to costs.
[SUNIL P. DESHMUKH] JUDGE
drp/wp2694-10
2 issues framed by the court
Whether the High Court shall entertain a writ petition challenging the order allowing recasting of issues in a civil suit regarding minority of a party.
Whether the trial judge erred in allowing an application to recast issues where pleadings addressed the minority of a party even if issues did not explicitly mention it.
Balaji s/o Baburao Kondawar
Deepak s/o Gangadhar Kondawar
Baburao s/o Nagnath Kondawar
Laxman alias Lacchiram s/o Nagnath Kondawar
Gangadhar s/o Nagnath Kondawar
SUNIL P. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
