Bhimrao Jogu Jadhav And ORS v. Prashant Shivaji Kandurkar And ORS

osk 3-WP-2932-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2932 OF 2017 Bhimrao Jogu Jadhav & Ors.

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Petitioners V/s.

Prashant Shivaji Kandurkar & Ors.

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Respondents • Mr.Bhushan Walimbe for the Petitioners.

• Mr.T.S. Ingale a/w. Mr.Nikhil Pawar for Respondent Nos.1 to 5. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 9th APRIL, 2018.

P.C. :

1] Heard learned counsel for the Petitioners and learned counsel for Respondent Nos.1 to 5.

2] It is submitted by both parties that, the trial has already commenced and the Plaintiff is under cross-examination. 3] In view thereof, the Writ Petition is disposed of with a clarification that whatever findings are recorded by the Appellate Court are merely of a prima-facie nature and the trial Court will not be influenced by them in any way and shall decide the suit on its own merit.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1