Mr. Hitendra Shankar Patil v. Mr. Arjun Kanha Gondhali (Decd) Through Lr, Mr. Gajanan Arjun Gondhali And ORS

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6230 OF 2015 Hitendra Shankar Patil ...

Petitioner Vs.

Arjun Kanha Gondhali (decd) through LR Gajanan Arjun Gondhali and others ...

Respondents Mr. V. A. Thorat, Senior Advocate i/b. M/s. Bharat Vaishnawa & Co. for Petitioner.

Mr. Sandesh Patil for Respondent No.7.

CORAM : R. G. KETKAR, J.

DATE : 6TH JULY, 2015 P.C. :

Not on Board. At the request of Mr. Thorat, taken up in the production Board.

2.

Heard Mr. Thorat, learned Senior Counsel for petitioner and Mr. Patil, learned Counsel for respondent No.7. Mr. Thorat states that respondent No.7 is the only contesting respondent. He, therefore, seeks permission to delete rest of the respondents. On the motion made by Mr. Thorat, except respondent No.7, rest of the respondents are deleted. Amendment shall be carried out forthwith.

3.

Mr. Thorat submitted that petitioner-plaintiff has taken out application exhibit-5 for temporary injunction. Application was heard in November 2014 and thereafter, the application is adjourned from time to time. He states that the next date of hearing is 09.07.2015. Plaintiff had completed his arguments before the Presiding Judge, who is now transferred. In view thereof, petitioner will have to advance fresh arguments on exhibit-5. He states that the petitioner-plaintiff will 1/2

WP6230_15.sxw extend full co-operation for early disposal of application at exhibit-5. Mr. Patil, who appears for respondent No.7-defendant No.7, assures that defendant No.7 will also extend full co-operation for early disposal of exhibit 5.

4.

In view thereof, Petition is disposed of with directions to the learned trial Judge to ensure that the application at exhibit-5 is disposed of as early as possible, and in any case, within 2 months from the production of the authenticated copy of this order. The learned Counsel appearing for plaintiff and defendant No.7 will extend full co-operation for early disposal of the application. Order accordingly. (R. G. KETKAR, J.) Minal Parab 2/2