Smt. Chandrakala Balkrishna Gunda v. Smt. Sharada Balkrishna Gundu And ORS

906-cra-409-2022.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.409 OF 2022 Chandrakala Balkrishna Gundu ... Applicant V/s.

Sharada Balkrishna Gundu and Ors.

... Respondents NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2023.09.30 10:26:33 +0530 Mr. Mohankumar K. for the Applicant.

Mr. Ram Singh, a/w Mr. Ankur Jain, a/w Mr.P. Yadav i/b C.B. Yadav for the Respondent.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 29, 2023 P.C.:

1.

By consent of both the parties, following order is passed: 2.

The impugned judgment and decree dated 12th February 2020 passed by City Civil Court Mumbai in Suit No.7956 of 2002 is quashed and set aside.

3.

The proceedings are remanded back to the Trial Court. The Trial Court shall decided the suit on merits after re-hearing the plaintiff and defendants.

4.

Hearing will start from the stage of arguments. The Trial Court shall decide the suit uninfluenced by observations made in the impugned order.

5.

Considering the facts of the case, Trial Court is directed to

906-cra-409-2022.doc decide the suit within six months from today. 6.

Both the parties are directed to appear before the City Civil Court on 16th October 2023.

7.

The civil revision application stands disposed of. (AMIT BORKAR, J.)