Mrs. Chandra Jayantilal Mainthia And ORS v. Rameshkumar Maganlal Mainthia And ORS

17a. civil wp 8183-18.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 8183 OF 2018 Chandra Jayantilal Mainthia & Ors.

.. Petitioners

Versus

Rameshkumar Maganlal Mainthia & Ors.

.. Respondents ....................

 Mr. Rohit D. Joshi for Petitioners  Mr. Rohan Sathaye a/w Mr. Guru Shanmugam i/by M & M Legal Ventures for Respondent Nos. 1,2,3, 5 and 6  Petitioner No. 2 - Nitin Mainthia present ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 23, 2022 P.C.

:

1.

Heard Mr. Joshi, learned Advocate for Petitioners and Mr. Sathaye, learned Advocate for Respondent Nos. 1, 2, 3, 5 and 6. 2.

At the request of Mr. Joshi, learned Advocate for Petitioners, the petition is allowed to be withdrawn with liberty to the Petitioners to approach the Trial Court to make appropriate application for seeking valuation of the suit properties. Mr. Joshi submitted that such Application has already been filed before the learned Trial Court which is pending adjudication. It is directed that pursuant to adjudication of valuation of the suit properties, Petitioners are at liberty to take out appropriate proceedings / application for determination of jurisdiction.

3.

Both the learned Advocates have informed the Court that the Corrected / Modified order as per speaking to the minutes of order dated 03.01.2023 1 of 2

17a. civil wp 8183-18.doc suit before the Trial Court is pending since the year 2000 and in that view of the matter, an expeditious trial is necessary to dispose of S.C. Suit No. 8358 of 2000.

3.1.

The request made by both the learned Advocates is genuine and accepted by the Court. The learned Trial Court is therefore requested to dispose of the proceedings in S.C. Suit No. 8358 of 2000 as expeditiously as possible and in any event within a period of 12 months from today.

4.

All contentions of the parties are expressly kept open. 5.

With the above directions, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2023.01.04 10:26:26 +0530 RAVINDRA MOHAN AMBERKAR Corrected / Modified order as per speaking to the minutes of order dated 03.01.2023 2 of 2