Mrs. Suman Namdeo Jhinjurde v. Shri. Ramdas Sakharam Magar And ORS.

DSS p-8-wp-4556-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4556 OF 2015 Mrs. Suman Namdeo Jhinjurde .. Petitioner vs.

Ramdas Sakharam Magar & ors.

.. Respondents Mr. S.R. Nargolkar i/b Mr. S.S. Mohite for the Petitioner. CORAM :

M. S. SONAK, J.

DATE : 5 May, 2015.

P.C. :- 1] Not on board. Upon production, taken on board. 2] Learned counsel for the petitioner, upon instructions from the petitioner, does not press to challenge the impugned order dated 9 December 2014. The learned counsel states that in fact, the directions in the impugned order have been complied with by the petitioner and the deficit court fees as also been deposited in the trial Court.

3] The learned counsel for the petitioner, however, points out that motion for interim relief is pending since February 2012 and that the same was not taken up on account of issues of valuation and payment of deficit court fees. Now that, these issues have been sorted out, learned counsel submits that an appropriate directions be issued to the learned Civil Judge to expeditiously dispose of the motion for interim relief.

4] The request made by the learned counsel for the petitioner is reasonable. Accordingly, though the present petition is not being 1/2

DSS p-8-wp-4556-15 entertained, directions are issued to the learned Civil Judge to dispose of the petitioner's motion for interim relief (Exhibit-5 Application) as expeditiously as possible and in any case within a period of three months from today.

5] It is clarified that this Court has not gone into the merits of the matter and accordingly all contentions of all parties are kept open for the decision by the learned Civil Judge. 6] With the aforesaid directions, petition is disposed of. 7] All concerned to act upon an authenticated copy of this order. (M. S. SONAK, J.) dinesh 2/2