The court granted permission to the petitioner to withdraw the writ petition, which challenged the rejection of the plaint under Order VII, Rule 11(d) CPC, in view of the available appellate remedy.
Permission granted to withdraw the writ petition; petition dismissed as withdrawn.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
44 WRIT PETITION NO.6077 OF 2021
SAFIYABI NABU KURESHI AND OTHERS
VERSUS
BHAVRAO RATAN MALODE DIED THR L R S RAVI ALIAS
SONU BHAVRAO MALODE AND OTHERS
Advocate for Petitioners : Mr. Shaikh Mujtaba Gulam Mustafa
Advocate for Respondent No.2 : Mr. A.S. Barlota
CORAM : SHARMILA U. DESHMUKH, J.
DATE : 08-02-2023
PER COURT :
.The challenge in the petition is to the order dated
11.11.2020 rejecting plaint under Order-VII, Rule 11 (d) of the Code
of Civil Procedure, 1908.
2.In view of the remedy of appeal being provided in case
of rejection of plaint, which is construed as a decree, the learned
counsel for the petitioner, on instructions, seeks permission to
withdraw the writ petition to avail the remedy provided under the
law.
3.Permission is granted. Writ Petition is accordingly
dismissed as withdrawn.
4.Needless to state that the provisions of Section 14 of the
2
Limitation Act will be taken into consideration while deciding the
aspect of limitation as regards the first appeal, if any preferred by the
petitioners.
( SHARMILA U. DESHMUKH, J. )
GGP
1 provisions across 1 enactments
Safiyabi Nabu Kureshi and Others
Bhavrao Ratan Malode Deceased through L.R.S. Ravi Alias Sonu Bhavrao Malode and Others
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court