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Bombay High CourtWP/1756/2015disposed off

M/S. D. A. Kapase Through Proprietor Shri. D A Kapase v. Basavraj Oil Mill Through Its Partner, Subhash Parappa Kalyanshetti

2018-01-08Hon'Ble Shri Justice G. S. Kulkarni1 pages

pvr 1/1 6wp1756-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 1756 OF 2015 M/s. D. A. Kapase Through Proprietor Shri.D.A.Kapase ...Petitioner

Versus

Basavraj Oil Mill Through Its Partner, Subhash Parappa Kalyanshetti

...Respondent

Mr.B.G.Ligade i/b. Mr.Drupad S.Patil, for the Petitioner. None for the Respondent.

CORAM : G.S.KULKARNI, J.

DATE : 8th JANUARY, 2018 P.C. :

1.

Though this petition has been listed under the caption 'for orders', in view of letter dated 3 July 2017 addressed on behalf of the respondent to the Registrar Judicial, learned Counsel for the petitioner informs that Regular Civil Appeal No.236 of 2006 which at the relevant time was pending before the Court of Ad-hoc District Judge, Kolhapur, itself has been disposed of and hence, the impugned order by which the application under Order 6 Rule 17 of the Code of Civil Procedure stood rejected, is itself rendered inconsequential. However, keeping all contentions of the petitioner open to be agitated in the appropriate proceedings, if the orders in Regular Civil Appeal No.236 of 2006 are adverse to the petitioner, the present petition is disposed of. No costs. (G.S.KULKARNI, J.)