Shri. Santosh Giridhar Malaye v. Shri .Bhagwan Sitaram Malaye And ORS.

WP4604_15.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4604 OF 2015 Santosh Giridhar Malaye ...

Petitioner Vs.

Bhagwan Sitaram Malaye and others ...

Respondents Mr. Amogh Karandikar a/w. Mr. Rajdeep Gude i/b. Khandeparkar & Associates for Petitioner.

CORAM : R. G. KETKAR, J.

DATE :

JANUARY 08, 2016 P.C. :

Heard Mr. Karandikar, learned Counsel for petitioner at length. 2.

By this Petition under Article 227 of the Constitution of India, original defendant No.1 has challenged the judgment and order dated 22.01.2015 passed by the learned Civil Judge, Junior Division, Malvan below exhibit-34 in Civil Miscellaneous Application No.19 of 2012. By that order, the learned trial Judge rejected the application made by the petitioner for staying proceedings filed under Order 39, Rule 2-A of the Code of Civil Procedure, 1908 (for short 'C.P.C.'). 3.

Mr. Karandikar submitted that respondent No.1 filed application under Order 39, Rule 2-A C.P.C. alleging breach of injunction order by the petitioner herein. The learned trial Judge has dismissed that application. Respondent No.1 thereafter has not challenged that order. In view thereof, the present Petition is rendered infructuous. 4.

As the petitioner has challenged the order rejecting his request for staying hearing of application under Order 39, Rule 2-A C.P.C. and that application under Order 39, Rule 2-A, itself, is rejected, nothing 1/2

WP4604_15.sxw survives in this Petition and the same is disposed of as infructuous. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2