Mr. Rajendra Singh Sethi v. Sadanand Dharamdas And ANR

AO 252.15 with CAA 317.15.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 252 OF 2015 with CIVIL APPLICATION NO. 317 OF 2015 Mr. Rajendra Singh Sethi.

... Appellant/Applicant.

V/s.

Mr. Sadanand Dharamdas and Anr.

... Respondents.

Mr. Omprakash Pandey for the Appellant/Applicant. Mr. M.S. Singh for the Respondent 1 & 2.

CORAM : N.M. Jamdar, J.

13 April, 2016.

P.C. :- The learned Counsel for the Appellant after arguing the Appeal for some time states that it may be clarified that the findings recorded in the impugned order are prima-facie otherwise he apprehends that the learned Judge would be influenced by the disposal of the Appeal treating it as confirmation as the observations made in the impugned order. The impugned order is passed on 6 January 2015. There is no interim protection in this Appeal. The Appeal is disposed of with a clarification that the observations made in the impugned order are primafacie in nature and the Suit will be decided on its own merits. The Civil Application is accordingly disposed of.

(N.M. Jamdar, J.)