Kaluram Yeshwant Todkar vs. Pradipkumar Bhawarilal Jain

ITEM NO.31 COURT NO.5 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.27778/2014

(Arising out of impugned final judgment and order dated 20/08/2014 in CRA No.78/2014 passed by the High Court Of Bombay At Nagpur)

KALURAM YESHWANT TODKAR Petitioner(s)

VERSUS

PRADIPKUMAR BHAWARILAL JAIN AND ORS. Respondent(s)

(With appln. (s) for exemption from filing c/c of the impugned judgment and interim relief and office report)

Date : 31/10/2014 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s) Mr. Manish Pitale, Adv. Mr. Wasi Haider, Adv. Mr. Chander Shekhar Ashri, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Mr. Manish Pitale, learned counsel for the petitioner submits that it was obligatory on the part of the High Court to advert to the controversy whether the learned trial Judge was justified in dismissing the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, where the question of maintainability of the suit, as well as the finalization of status of tenancy of the father of the present petitioner, are involved.

Issue notice, returnable within four weeks.

(Chetan Kumar) Court Master

(Renuka Sadana) Court Master