PARESH PARSHOTTAMDAS PATEL Vs. ATUL JASHUBHAI DESAI

JUDGEMENT

(1.) HEARD learned advocate, Mr.S.P.Majmudar for the petitioner and Mr.Kashyap R.Joshi for the respondent.

(2.) HAVING heard the learned advocates for the parties and having regard to the facts and circumstances of the case, the only question that arises for determination of this Court in this petition is as to whether provisions of Order XXXVII Rule 2 are attracted in this case or not.

(3.) ON going through the provisions of Order XXXVII Rule 2, it appears to this Court that the present case does not fall under the category of provisions of Order XXXVII Rule 2. Reliance is placed on a decision of Hon ble Apex Court in the case of Ms.Purnima Jaitly Vs. Ravi Bansi Jaisingh reported in AIR 2003 Bombay 494 more particularly paras 4 and