The High Court dismissed a writ petition challenging an order in a civil suit. The court held that the appropriate remedy is to raise objections via Section 105 CPC while filing the appeal, noting the appeal is ready for final hearing. No indulgence was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
19-WP3013-2020.DOC
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3013 OF 2020
Mr. Namdev Rama Wagh, deceased ...Petitioners
through legal heirs
Versus
Vinayak Krishnaji Divakar...Respondent
Mr. Prasad P. Kulkarni, for the Petitioners.
CORAM:Smt. Bharati Dangre, J.
DATED:7th December 2021
P.C.:-
Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2021.12.10 10:05:08 +0530
1.The present writ petition deserve its rejection solely on
the ground that the order impugned is passed on 02.01.2020
upon an application filed by the original Defendant in Regular
Civil Suit No. 486 of 2012. The re-casting of the issues is
prayed in Regular Civil Appeal No. 44 of 2016 at the appellate
stage and the learned Judge has recorded that the issues
framed below Exhibit 44 by the Trial Court are proper issues
culled out depending upon the counter-claim by the respective
parties. Since it is informed that the Appeal is now slated for
final hearing, I do not deem it necessary to grant any
Page 1 of 2
19-WP3013-2020.DOC
indulgence.
2.Necessarily the writ petition will have to be dismissed
and it is dismissed.
3.Needless to state that by taking recourse such as Section
105 of the Code of Civil Procedure 1908, it is always open to
the parties to raise all the pending issues arising in and out of
the trial, may be setforth as a ground of objection, while filing
Appeal against the impugned judgment.
(Smt. Bharati Dangre, J.)
Page 2 of 2
1 issue framed by the court
Whether a writ petition challenging an order regarding recasting of issues in a civil appeal warrants granting indulgence despite the appeal being slated for final hearing.
1 provisions across 1 enactments
Namdev Rama Wagh and legal heirs
Vinayak Krishnaji Divakar
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court