wp9408.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO.9408 OF 2010 HARI SHANKAR PATIL VERSUS GANESH RATILAL PATIL AND ANR ... Advocate for Petitioner(s) :Mr.Natu Sharad V. Advocate for Respondent(s) : Mr.Shah J.R. Adv For R/1, Mr. Kale Ajeet B. Adv For R/2 ... CORAM : S.S. SHINDE, J. Dated: August 26, 2011 ... Heard. 2 The learned Counsel for the petitioner submits that the trial Court has travelled beyond the prayers in the application Exh.39 filed by the respondent and passed order thereby allowing the application, directing that the petitioner herein should be joined as party in the counter claim. 3 The learned Counsel appearing for wp9408.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the respondent vehemently opposed the petition. 4 I have given due consideration to the rival submissions of the parties. It is apparent that the impugned direction to join the petitioner herein as defendant in the counter claim is beyond the prayers and pleadings in the application at Exh. 39. In that view of the matter, I feel it appropriate to quash and set aside the order dated 27.11.2009 below Exh.39 and restore the Application Exh.39 to its original file, to be decided afresh after hearing the parties. 5 Hence, the petition is allowed. The impugned order dated 27.11.2009 passed below Exh.39 in Spl. C.S. NO. 15/2009 is quashed and set aside and the application Exh.39 is restored to wp9408.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ its original file. The trial Court shall decide the Application Exh.39 afresh after giving the parties an opportunity of hearing, within one month from today. The parties have agreed to appear before the trial Court on 5th September, 2011. The petition is allowed to the above extent and disposed of. It is needless to mention that till the said application is decided, the trial Court shall not proceed further with the hearing of the suit. (S.S. SHINDE, J.) PLK/*