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2015 Supreme(Bom) 2220

R.G.KETKAR
VBHC, Mumbai Value Homes Pvt. Ltd. – Appellant
Versus
Laxman Bhoir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Virag Tulzapurkar, Senior Advocate, Simil Purohit, Swapnil Khatri and Arnar Nagalia i/b Wadia Ghandy & Co.
For the Respondents: Deepak C. Natu and Sunita S. Ghone.

ORDER :

R.G. Ketkar, J.

1. Heard Mr. Tulzapurkar, learned senior counsel for the petitioner and Mr. Deepak Natu, learned counsel for respondent Nos. 1 to 3 at length. Mr. Tulzapurkar orally applies for deleting the names of respondent Nos. 4 and 5 as no relief is claimed against them. On the Motion made by Mr. Tulzapurkar, leave to delete respondent Nos. 4 and 5 is granted. Amendment shall be carried out forthwith. Mr. Natu raised preliminary objection that having regard to the prayers made in Application at Exhibit-19, the Petition instituted under Article 227 is not maintainable and the petitioner has to invoke revisional jurisdiction under Section 115 of C.P.C. In view thereof, leave to convert this Petition into Civil Revision Application is granted. Amendment shall be carried out forthwith.

2. Rule. Mr. Natu waives service on behalf of the respondents. At the request and by consent of the parties, Rule is made returnable forthwith and the Petition is taken up finally.

3. By this Petition under Article 227 of the Constitution of India, original defendant No. 1 has challenged the Judgment and order dated 20.8.2014 passed by the learned Second Joint Civil Judge, Senior Division, Kaly

































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