Smt. Kiran Baburao Taware v. Suvarna Ashok Wadekar And ANR.

921.WP.5393.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5393 OF 2017 Smt. Kiran Baburao Taware ....Petitioner V/s.

Suvarna Ashok Wadekar & Anr.

....Respondents ---- Mr. Sugandh Deshmukh i/by Mr. Ganesh Gole for the Petitioner. Mr. Vilas Tapkir for the Respondents.

CORAM : M.S. SONAK, J.

DATE : 1st MARCH, 2018 P.C.

1.

Heard the learned counsel for the parties.

2.

With their consent and without prejudice to their respective rights and contentions, the impugned order made by the learned Appellate Court is set aside and the status-quo as directed to be maintained by the learned Trial Court is hereby restored. This is clearly without prejudice to the rights and contentions of both the parties.

3.

Further, the learned Trial Judge is directed to dispose of AGP

921.WP.5393.17.doc Special Civil Suit No.1640/2015 as expeditiously as possible and in any case within a period of nine months from today. In disposing of the civil suit, the learned Trial Judge will not be influenced by any observations made in the orders for grant of interim relief and for that matter, the present order. The suit is to be disposed of on its own merits and in accordance with law.

4.

This petition is disposed of with the aforesaid terms. 5.

All the concerned to act on an authenticated copy of this Order.

6.

The agreement in this order is on the basis of instructions of the respective parties through the learned counsels appearing for them.

( M.S. SONAK, J. ) AGP