HEMANT GANESHPRASAD JAISWAL Vs. MURLIDHAR GOVIND KHADE

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The writ jurisdiction of this Court under Article 227 of Constitution of India is invoked against the order dated 29 th December, 2011 passed by the learned 5 th Jt. Civil Judge, Senior Division, Nashik, by which order the application filed by the respondent under Order 9 Rule 13 of the Code of Civil Procedure came to be allowed and resultantly the decree passed in Spl. Civil Suit No.595 of 2007 dated 10 th February, 2009 came to be set aside.

(3.) The facts necessary to be cited for adjudication of the above petition can in brief be stated thus :