1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3409 OF 2010 Hanumant s/o Vitthal Girme .. PETITIONER VERSUS Sangita Popatrao Bhosale .. RESPONDENT Mr. R.S. Shinde, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 20 th APRIL, 2010. PER COURT : 1 Interlocutory order passed in the pending suit by the trial court on 23-2-2010 is subjected to challenge in this petition. 2 Original defendant / respondent herein wants the court to frame issue as to whether the suit is maintainable against defendant no. 2, Government servant, for compensation on the ground of defamation or not. On perusal of the plaint, more particularly paragraph no. 14, it does transpire that the suit is not at all presented for claiming damages on account of defamation caused by defendants. The cause of action shown in the plaint is totally 2 different then that has been stated by the defendants in the application. The application is misconcenved and has been rightly turned down by the trial court. No interference is called for in the instant petition, in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition therefore stands dismissed summarily. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp3409.10.odt