Riyaz Ismail Khalpe And ANR. v. Shahida Sasan Jogilkar And ORS.

skc 39-WP-5029-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5029 OF 2014 Riyaz Ismail Khalpe & Anr.

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Petitioners vs.

Shahida Hasan Jogilkar & Ors.

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Respondents Mr. Rakesh Bhatkar for Petitioners.

Mr. D. Patil i/b. Mr. S. S. Kothari for Respondent Nos. 1 to 3. CORAM : M. S. SONAK, J.

DATE: 23 MARCH 2015 P.C. :- 1] This petition is directed against the order dated 16 May 2014 made by the District Judge - 1, Khed granting interim relief to the respondents pending hearing and final disposal in civil misc. appeal no. 22 of 2014.

2] Civil misc. appeal no. 22 of 2014 is itself in respect of grant of interim reliefs pending the suit before the Court of Civil Judge, Junior Division, Dapoli.

3] In view of the aforesaid and considering that the interim order was made way back on 16 May 2014, it is not necessary to entertain the present petition rather, ends of justice will be met if the District Judge - 1, Khed is directed to dispose of civil misc. appeal 1/2

skc 39-WP-5029-14 no. 22 of 2014, in which the impugned order has been made within a period of two months from today. The District Judge - 1, Khed is directed accordingly.

3] Parties to appear before the District Judge - 1, Khed on 30 March 2015 at 11.00 a.m. and produce authenticated copy of this order.

4] All contentions of all parties are kept open and the learned Judge - 1, Khed to dispose of the appeal, in accordance with law and on its own merits, within the period stipulated, as aforesaid. 5] All parties to act on basis of authenticated copy of this order. 6] Writ petition is disposed of accordingly.

(M. S. SONAK, J.) Chandka 2/2