SHASHIKANT VASUDEV MAHALE Vs. MADHUKAR VASUDEV MAHALE

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally.

(2.) The petitioner (original defendant No. 2) has invoked Article 227 of the Constitution of India and thereby challenged initially orders i.e. Exhibit 33 (Commissioner's report) and Exhibit 35, and later on by an amendment to Ex. 36 also, whereby the challenge is to the appointment of Commissioner and to consider the Gift Deed of 13-6-2007 before confirming the Commissioner's Report for the respective shares in the properties.

(3.) The learned counsel for the respondents submits that by the Order dated 17-9-2009 on Exhibit 33, the Court has confirmed the Commissioner's Report and, therefore, in view of Order 26, Rule 14 (3) of Code of Civil Procedure (CPC) that becomes decree for all the purposes and, therefore, the present writ petition as filed is not maintainable.