Shri. Harichandra Sadashiv Kudwkar v. Shri. Ramesh Ramdas Patil And ORS

AO 301-19 speaking.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 301 OF 2019 WITH CIVIL APPLICATION NO. 356 OF 2019 IN APPEAL FROM ORDER NO. 301 OF 2019 Harichandra Sadashiv Kudawkar ..Appellant/Applicant vs.

Ramesh Ramdas Patil & ors.

..Respondents ....

Shri Sujay Gavde I/b. Shree & Co. for appellant/applicant. Shri Prasad Dani, Senior Advocate I/b. Harshad Sathe for respondent Nos. 1 to 6.

Ms. Chandni Sachade I/b. Mr. Ashutosh M. Kulkarni for respondent Nos.13 to 16.

....

CORAM : M.S.KARNIK, J.

DATE : 7th JUNE, 2019 P.C. :

Learned Senior Counsel Shri Dani for the respondent Nos. 1 to 6 raised an objection that it is the District Court which will have the jurisdiction to hear the Appeal from Order in view of the monetary claim made by the appellant.

This order has been corrected pursuant to the order dated 13/6/2019 1/2

AO 301-19 speaking.doc 2.

Learned Counsel for appellant requests that the Appeal may be returned to him for presenting before the District Court which is the proper Court for hearing the same on its own merits and in accordance with law.

3.

The office is directed to return the Appeal to the appellant.

4.

Learned Counsel for appellant submits that as there is some urgency, the Registry be directed to immediately give Hamdast of the proceedings to the appellant. The request is granted.

5.

The Appeal stands disposed of.

6.

In view of the return of the Appeal to be presented to the proper court, nothing survives for consideration in the Civil Application. The Civil Application is disposed of accordingly. (M.S.KARNIK, J.) This order has been corrected pursuant to the order dated 13/6/2019 2/2