RANJAN BHAUSAHEB DOMBE Vs. RATNAPRABHA KAMLAKAR SALUNKHE

JUDGEMENT

(1.) Heard Ms. Devkar, learned Advocate for Applicants; Mr. Limaye, learned Advocate for Respondent Nos.1A to 1D and Mr. Kulkarni, learned Advocate for Respondent No.2.

(2.) By virtue of the impugned order dtd. 3/8/2022 passed below Exhibit "168", Application filed by Defendant No.4 seeking dismissal of the Suit proceedings on the ground mentioned in the said Application under Order VII Rule 11(d) read with Order II Rule 2 and Sec. 151 of the Code of Civil Procedure, 1908 (for short "CPC") stands rejected.

(3.) It is an undisputed position that Defendant No.4 has filed previous Application under Order VII Rule 14 of the CPC below Exhibit "149" dtd. 9/10/2019 which is at page No.106 of the Writ Petition, inter alia, with respect to the same cause of action while disposing of that Application. The learned Trial Court vide order dtd. 13/10/2021 has rejected the same while giving a reference to two previous Applications filed below Exhibit "131" and Exhibit "145" with respect to the same cause of action.