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Bombay High CourtCAW/1949/2018disposed off

Shri. Dattatraya Raghu Vinode And ANR. v. Shri. Sadashiv Mahadu Vinode And ORS.

2018-09-10Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 32.wp-5244.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5244 OF 2016 Sadashiv Mahadu Vinode & Ors.

.. Petitioners Vs.

Dattatraya Raghu Vinode & Anr.

.. Respondents along with CIVIL APPLICATION NO.1949 OF 2018 ALONG WITH CONTEMPT PETITION NO.62 OF 2018 IN WRIT PETITION NO.5244 OF 2016 Dattatraya Raghu Vinode & Anr.

.. Petitioners Vs.

Sadashiv Mahadu Vinode & Ors.

.. Respondents --- Mr.Atharva Dandekar i/by Ms.V.D. Lande for the petitioners. Mr.R.S. Datar for the respondent in WP and for the petitioners in CP. --- CORAM : R.D. DHANUKA, J.

DATE : 10th September 2018 P.C.:

.

Parties are present in Court. By consent of parties, the following order is passed :- (i) The impugned order dated 2nd April 2016 passed by the learned District Judge-20, Pune in Misc.Civil Application No.417 of 2015 is substituted by ad-interim order passed by this Court on 16th June 2016 directing the parties to maintain status-quo as on the date of the said order.

(ii) The said ad-interim order passed by this Court to continue till disposal of the Regular Civil Suit No.231 of 2015 as an interim

ppn 2 32.wp-5244.16.doc order. Hearing of the Regular Civil Suit No.231 of 2015 is expedited.

(iii) Learned Civil Judge, Junior Division, Vadgaon, Maval is requested to dispose of the said suit within one year from the date of communication of this order.

(iv) Both the parties are directed to co-operate with each other and with the learned Civil Judge, Junior Division, Vadgaon, Maval in expeditious disposal of the said suit as directed without being influenced by the observations made and the conclusions drawn in the impugned order dated 2nd April 2016 as well as in the adinterim order passed by this Court and shall decide the same on its own merits.

(v) Writ petition is disposed of in aforesaid terms. In view of disposal of the writ petition, civil application and the contempt petition do not survive and are accordingly disposed of. No order as to costs. (vi) Parties to act on the authenticated copy of this order. R.D. DHANUKA, J.