Mahendra Pandurang Kothawade v. Gangadhar Damodar Burkule And ORS.

DSS 3-wp-1394-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1394 OF 2017 Mahendra P. Kothawade vs. Gangadhar D. Burkule and ors. --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Ketan Joshi a/w. Mr. S.D. Shinde i/b Ergo Juris for the Petitioner.

Mr. Sanjay P. Shinde for Respondent No.1.

Mr. R.D. Soni i/b Ram and Co. for Respondent Nos.2 and 3. CORAM :

M. S. SONAK, J.

DATE : 28 MARCH 2018.

P.C. :- 1] Heard learned counsel for the parties.

2] Upon taking into consideration the facts and circumstances as appears from the record, it is not necessary to interfere with the impugned order, at this stage. However, in case, any appeal is instituted against the final decree in Special Civil Suit No. 280 of 2011, then, the petitioner will have the liberty to challenge the impugned order dated 2nd August 2016. This is in accordance with Section 105 of C.P.C.. Accordingly, it is made clear that all contentions of all parties in relation to the impugned order are kept open. 3] With liberty as aforesaid, this petition is disposed of. There shall, however, be no order as to costs. (M. S. SONAK, J.) 1/1