Shri Pandit Dada Bhusare And ANR. v. Shri Dnyaneshwar Dattatraya More And ORS.

1 905) wp174-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.174 OF 2018 Pandit Dada Bhusare & Anr.

..Petitioners.

V/s.

Dnyaneshwar Dattatray More & Ors.

..Respondents.

Mr.Ravi P.Kadam, AGP for the petitioners.

Mr.Rahul D.Motkari for respondent No.1.

CORAM : M.S.SONAK, J.

DATE : APRIL 3, 2019 P.C.:- Heard Mr.Kadam, learned AGP for the petitioner-State and Mr.Motkari, learned counsel for respondent No.1-original plaintiff. 2.

The dispute involved in the present petition is covered by the order dated January 14, 2019 passed in Writ Petition No.13453 of 2017.

3.

Accordingly, for the reasons set out in the order dated January 14, 2019 in Writ Petition No.13453 of 2017, this petition is allowed in terms of prayer clause (b) subject payment of costs of Rs.5,000/-.

4.

The petitioner to file the written statement within a period

2 905) wp174-18.doc of four weeks from today, if the same is not already on the record of trial Court.

5.

The costs of Rs.5,000/- to be deposited in the trial Court within a period of three weeks from today and liberty is granted to respondent No.1-plaintiff to withdraw the same unconditionally. 6.

If the costs are not deposited within the stipulated time, this petition shall be deemed to have been dismissed. 7.

Rule is made absolute in the aforesaid terms. (M.S.SONAK, J.)