1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1799/2010. (Parmeshwar s/o Ramdas Kakde and Anr. Vs. Vishnu s/o Radhakishan Ugale) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- .Mr.VS Undre, Adv. h/for Mr. PR Katneshwarkar, Adv. for petitioners; Mr.KB Jadhav, Adv. h/for Mr. GBKulkarni, Adv. for Respondent. *** CORAM : K.U.CHANDIWAL ,J. DATE : 4 th October, 2010. ... 1) Heard. 2) Rejection of Exhibit-46 in Regular Civil Suit No.30/2008 by the learned Joint Civil Judge, Senior Division, Partur, is questioned by the defendant, the petitioner. 3) The defendant desired, that since the sale of the property was 33 R., in infringement of The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the learned Judge ought to have framed an issue to this effect. 4) The learned Judge, while rejecting the application, was informed that the nature of the suit was for perpetual injunction and there were no pleadings 2 from the defendant for getting the sale cancelled, no counter claim from the defendant. Hence, theory of amendment for effect of Bombay Prevention of Fragmentation, Consolidation of Holdings Act, was rightly negated by the learned Judge. 5) No interference calls for, Writ Petition dismissed. (K.U.CHANDIWAL) JUDGE bdv/