VISHWANATH P MAHADESHWAR Vs. SURYAWANSHI BALRUP THAKUR

JUDGEMENT

(1.) BY way of the present Petition, the Petitioner challenges the order passed by the learned Additional Chief Judge, Small Causes Court, Mumbai in Election Petition No.147 of 2007 thereby rejecting the application filed by the Petitioner for amendment to the written statement.

(2.) IT is not in dispute that during pendency of the present Petition, the Election Petition has already been allowed vide order dated 7th February 2011. However the learned counsel for the Petitioner submits that the very approach of the learned Additional Chief Judge in deciding the said Election Petition during pendency of the present Petition is illegal. The learned counsel for the Petitioner, relying on the judgment delivered by me in the case of Kishor Bhikansingh Rajput v/s. Preeti Kishor Rajput reported in 2007(3) Bom.C.R. 279, submitted that once this Court is seized of the matter, the lower courts should stay their hands away from the proceedings. It is submitted that in spite of this Judgment being brought to the notice of the learned Judge, the learned Judge has proceeded to decide the said Election petition which is not permissible in law.

(3.) HOWEVER, since the learned counsel for the Petitioner has pressed into service my own judgment (cited supra) I find it appropriate to consider the submissions made in that behalf as it has been noticed that the said judgment is widely being misused by the litigants.