SHRI. SHAHAJI NARAYAN DESAI v. SHRI ANANDRAO NARAYAN DESAI AND ORS
IA/15315/2024 · 2025-06-30
Gauri Godse
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43315 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43315 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21-IA-15315-24.docx Mane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15315 OF 2024 IN CIVIL REVISION APPLICATION(ST) NO. 30542 OF 2024
Shri. Shahaji Narayan Desai .....Applicant Vs. Shri Anandrao Narayan Desai And Ors .....Respondents Mr. Abhijit A. Tambe, Advocate for the Applicant Mr. Abhishek T. Ingale, i/b. Mr. Umesh Mankapure, Advocate for the Respondent No.1.
CORAM : GAURI GODSE, J.
DATE :
30th JUNE 2025
ORDER:
1.
Learned counsel for the Applicant seeks leave to withdraw the Interim Application and Civil Revision Application with liberty to agitate the grievance at the time of trial.
2. By the impugned order the application for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure,1908 (‘CPC’), is dismissed. Hence, the observations in the impugned
Order are restricted to the objections raised at the stage of Order 1/2 JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2025.07.02 12:59:36 +0530
21-IA-15315-24.docx VII Rule 11 of CPC. The Applicant, therefore, would be at liberty to raise all the objections at the time of framing of issues and in the trial.
3. Interim Application and Civil Revision Application are
disposed of as withdrawn, subject to aforesaid observations and liberty to the Applicant to raise appropriate objections at the appropriate stage as permissible in law.
4. Rival contentions of the parties on merits of the suit, are kept open.
[GAURI GODSE, J.] 2/2