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Bombay High CourtSA/776/2017disposed off

Vilas Eknath Kapre v. Dhananjay Shivram Mapare

2017-09-26Hon'Ble Shri Justice S.J. Kathawalla2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1144 OF 2017 IN SECOND APPEAL (ST) NO. 11108 OF 2017 Dhananjay Shivram Mapare and another ...

Applicant

Versus

Vilas Eknath Kapre and others ...

Respondents ALONGWITH CIVIL APPLICATION NO. 702 OF 2017 IN SECOND APPEAL (ST) NO. 11108 OF 2017 Vilas Eknath Kapre and others ...

Applicant

Versus

Dhananjay Shivram Mapare and another ...

Respondents Mr. R.N. Sanghavi for the Applicant in Civil Application No.1144/17 and original Respondent Nos.1 and 2.

Mr. S.M. Gorwadkar, Sr. Advocate, i/by Mr. Sujay Gangal for the Original Appellant and Applicant in Civil Application No. 702 of 2017. CORAM : S.J. KATHAWALLA, J.

DATED : 26 th SEPTEMBER, 2017 P.C.:

1.

Heard the Learned Advocates appearing for the parties. Following order is passed, by consent :- (a) Order dated 24 th March, 2017 passed by the Learned District Judge-1 at Baramati in Civil Appeal No. 146 of 2016 is set aside.

kpd 2 / 2 8-CAS-1144-2017.sxw (b) The Learned District Judge-1 at Baramati shall endevour to dispose off the Civil Appeal No.146 of 2016 within a period of eight weeks from today including the issue of maintainability as directed by an order of this Court dated 19th December, 2016.

(c) The parties shall not seek adjournment/s unless absolutely necessary. The Learned District Judge-1 at Baramati shall also not grant adjournment/s to either side unless absolutely necessary.

(d) All contentions of the parties are kept open. (e) Pending the hearing and final disposal of the Appeal, the ad-interim relief granted by this Court shall continue to be in force. (f) Pending the hearing and final disposal of the Appeal, the order dated 2nd August, 2017 shall also continue to be in force. 2.

The above Second Appeal as well as Civil Applications are accordingly disposed off.

( S.J.KATHAWALLA, J. )