SATISH Vs. MAROTI

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2.) By this writ petition the petitioner original defendant No.18) has challenged order dated 10/12/2018 passed by the Court of Civil Judge Senior Division, Pusad contending that in the face of an application filed by the petitioner and the respondent No.8 herein original defendant No.11) seeking transposition as plaintiffs, withdrawal of the suit filed by the respondent Nos.1 to 3 original plaintiffs) could not have been permitted, without passing any orders on the said application at Exh.70.

(3.) It is relevant to note here that on earlier occasion two writ petitions had been filed pertaining to the very same subject matter which were dismissed by this Court by order dated 13/08/2019 passed in Writ Petition Nos.277/2019 and 594/2019. The petitioner herein was petitioner in Writ Petition 277/2019 and a perusal of the said order passed by this Court shows that it was found that the said writ petitions filed earlier had led to confusion before this Court, as the facts were not stated with clarity and therefore, the writ petitions were dismissed with liberty to the petitioners therein to institute a proper writ petition. The petitioners, including the petitioner herein were directed to pay costs of Rs.3000/- each, to the respondent Nos. 5 to 7.