-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISIDICTION WRIT PETITION NO.8061 OF 2004 Balu Ganpat Kale ..Petitioner Vs. Shri.Sakharam Tukaram Kale and others ..Respondents .... Mr.Umesh Mankapur with Mr.R.V.More for Petitioner Mr.Uday Warunjikar for Respondent nos.1 and 2 .... CORAM : B.H.MARLAPALLE,J. CORAM : B.H.MARLAPALLE,J. CORAM : B.H.MARLAPALLE,J. DATE : JANUARY 28,2005 DATE : JANUARY 28,2005 DATE : JANUARY 28,2005 P.C.: P.C.: P.C.: 1. Heard Mr.More, the learned counsel for the petitioner who has challenged the order dated 4.3.2004 passed by the Civil Judge J.D. at Igatpuri by which the objection application at Exhibit-11 came to be rejected holding that the doctrine of res-judicata as claimed by the present petitioner, is not applicable. 2. Having regard to the relief sought for in R.C.S.No. 68 of 2002 and say filed by the plaintiffs to the application at Exhibit-11, the view taken by the trial Court in the impugned order, does not -2- suffer from any errors, leave alone, gross errors. Hence, there is no case to cause interference under Article 227 of the Constitution of India. 3. Petition is rejected summarily. [ B.H.MARLAPALLE,J. ]