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2023 Supreme(Bom) 564

MILIND N. JADHAV
Narhar Rango Kulkarni (since deceased) through legal heirs Jaya Narhar Kulkarni – Appellant
Versus
Milind Shripad Bendre – Respondent


Advocate Appeared:
For the Petitioner:Mr. Shriniwas Sudhir Patwardhan a/w. Mr. Bhooshan R. Mandlik, Advocates
For the Respondent:Mr. Surel S. Shah i./by Mr. Prashant Darandale, Advocate

JUDGMENT :

1. This Writ Petition is filed for the following relief:-

    “A. That this Hon’ble Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ direction or order under Article 227 of the Constitution of India, 1950, quashing and setting aside judgment and order passed by the IInd Joint Civil Judge, Senior Division, Pune in Misc. Application No.611/99 on 1st July 2002 and be pleased to allow the same and quash and set aside the Compromise Decree passed in Special Civil Suit No. 1226 of 1998 passed by IInd Joint Civil Judge, Sr. Division, Pune.”

2. Writ Petition was filed in 2003 by the original Petitioner - Narhar Rango Kulkarni. He expired in 2017. Writ Petition is prosecuted by his legal heirs ie. Petitioner No.1A, his wife and Petitioner No.1b i.e. his son. Respondent No.1 is Milind Shripad Bendre. On 18.08.2003 when this Writ Petition was filed and moved for interim relief this Court passed the following order:-

    “Mr. Shah appears for the sole Respondent.

Heard. Mr. Shah, for the Respondent, submits that this writ petition is not maintainable in view of the order passed by this Court on 11th August 1999 in Writ Petition No.4412 of

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