Sou. Gangubai Ashok Mane and Anr. v. Sou. Hirabai Murlidhar Dalvi Decd Thru Lhrs and Ors.
Case brief
What is this about?
Gangubai Ashok Mane & Anr. v. Hirabai Murlidhar Dalvi (Decd.) thr. LRs & Ors.; WP No. 3503 of 2024 with IA No. 10288 of 2025; Bombay High Court; Gauri Godse, J.; decided 2 September 2025. Keywords: Article 227 Constitution of India; setting aside no-evidence order; Exhibits 148, 151 and 145 (no-evidence pursis dated 27-02-2023); consent to suit; evidence closed 13-10-2022, set aside 09-12-2022; defendant no. 13 examined; application after posting for final arguments; rejection with costs upheld; writ petition dismissed; interim application dismissed as infructuous. No precedent cases cited.
What did the court decide?
Considering that the petitioners (defendant nos. 3 and 14) consented to the suit and filed their no-evidence pursis at Exhibit 145 on 27th February 2023, the trial Court rightly rejected their application by imposing cost; additionally, defendant no. 3's application was filed after the suit was posted for final arguments.