1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 4940/2009 (Dnyanba Gyanuji Nanwate ..vs.. Amar Digambar Mahakal and others ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P. DHARMADHIKARI DATED : NOVEMBER 16, 2009 The petitioner plaintiff filed second application under Order 26 Rule 9 of the Code of Civil Procedure, which has been rejected by the lower appellate Court. The contention is after first rejection the suit was amended seeking declaration of easmentary right. I am not inclined to interfere in the matter. However, liberty to petitioner-plaintiff to challenge the said order before appellate forum, in case occasion therefor arises. Writ Petition is accordingly disposed of. No costs. JUDGE Diwale