Prakash Govind Sankhe and Ors. v. State of Maharashtra Throu. Agp and Ors.
Case brief
What is this about?
Writ Petition No. 4148 of 2024, Bombay High Court, decided 6 February 2025 (A.S. Chandurkar and M.M. Sathaye, JJ.). Petitioners Prakash Govind Sankhe and others sought certiorari to quash pending Regular Civil Suit No. 139 of 2021 (Smt. Thakibai Rama Bhutkade and two others) before the Civil Judge, Junior Division, Palghar, and a stay of proceedings. Petition disposed of as not entertained; liberty given to challenge maintainability of the suit via Order VII Rule 11 CPC application; all law points kept open. Keywords: certiorari, maintainability, Order VII Rule 11, quashing of civil suit, writ petition not entertained, Palghar.
What did the court decide?
Liberty granted to the petitioners to file an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 contending that the suit is not maintainable; all law points kept open; writ petition disposed of as not entertained.