1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No. 4707 OF 2007 Nathu Dayaram Kesalkar v. Sunil Tulshiram Ninave & anr. _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders Mr.Suresh Dhole Advocate for the Petitioner. .... CORAM: A.B. CHAUDHARI, J. DATED : 11 th OCTOBER, 2007. Heard Mr.Dhole, learned counsel for petitioner. 2. By the impugned order learned trial Court has merely allowed the plaintiff to get the suit decided on merits upon issuing fresh notice to defendant no.1. In other words, the trial Court has decided to try the suit on merits so that the defendant to the suit also gets an opportunity to contest the suit. I do not find any infirmity in the impugned order. Petition dismissed. JUDGE /TA/