1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2890 OF 2010. Shri Sukhdeo Nathmal Bhutada and others. -: VERSUS :- Shri Bhivraj Motilalji Bhutada and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 16, 2010. Heard Shri B.K. Gandhi, learned counsel for petitioners/original defendants. Because of plea of partition having already taken place, non inclusion of all the properties and litigation as raised in the written statement, application under Order VII Rule 11 of Code of Civil Procedure was filed seeking dismissal of suit for partition instituted by the respondents. The learned counsel contends that no disputed questions of facts arose and the learned Trial Court ought to have considered the material on record. The trial Court has found that the allegations in plaint needed to be looked into and ingredients of Order VII 2 Rule 11 were therefore not satisfied. It is apparent that the approach of Trial Court is neither erroneous nor perverse. Writ Petition is therefore, dismissed with no order as to costs. JUDGE Rgd.