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Bombay High CourtAO/1307/2013rejected

Smt. Suchita Suryakant Shetye And ORS. v. Smt. Taramati Raghunath Shetye And ORS.

2015-02-02Hon'Ble Shri Justice K.K. Tated2 pages

4 ao 1307-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

APPEAL FROM ORDER NO. 1307 OF 2013 WITH CIVIL APPLICATION NO. 809 OF 2014 WITH CIVIL APPLICATION NO. 682 OF 2014 WITH CIVIL APPLICATION NO. 102 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sameer Bhalekar for the appellant/applicant. Mr. B.R. Shetye respondent no.2 Party in person. Mr. Sunil G. Shetye respondent no.5 party in person.

CORAM : K. K. TATED, J.

DATED : 02/02/2015.

P.C.:

.

Heard learned Counsel for the appellant and respondent no.2 Mr. B.R. Shetye and respondent no.5 Mr. Sunil G. Shetye party in person.

This Appeal from Order preferred by original plaintiff challenging interlocatory order dated 20.03.2012 passed by Bombay City Civil Court, Mumbai in Notice of Motion no. 2856 of 2010 in S.C. suit no. 2203 of 2010 by which the Trial Court rejected the Notice of Motion.

Sneha Chavan 1/2

4 ao 1307-13=.doc Respondent nos. 2 and 5 party in person submits that S.C. suit no. 2203 of 2010 is already disposed of on 15.09.2012. The photocopy of the said order is taken on record and marked 'X' for its identification.

In view of this fact, nothing survive in the present Appeal from Order and pending Civil Applications. Hence, same are rejected.

Liberty granted to the appellant to take out appropriate proceeding for reviewing this order, in case the suit is restored by the Trial Court. (K.K.TATED, J.) Sneha Chavan 2/2