Raishi Shivji Chheda (Since Deceased Through Lrs.) v. Dhirajlal Raishi Chheda

14.wp.6913.2017.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6913 OF 2017 Mukesh Raishi Chheda (since deceased) by heirs.

..Petitioner.

vs Dhirajlal Raishi Chheda & Ors.

...Respondents

.....

Mr Y. Ghoghari i/b Jatin Sheth for the Petitioner. Mr P.A.Sarwankar i/b Sarwankar & Co. for Respondent No.1. Ms Kavita N. Solunke, AGP, A.S. (Writ Cell) for the State present .....

CORAM : B.P.COLABAWALLA, J.

JUNE 27, 2017.

P.C. :

Rule. The Respondents waive service. Rule made returnable forthwith and taken up for final hearing. In view of the order passed by me today allowing the Writ Petition No. 6258 of 2017 and Writ Petition No.6259 of 2017, this Writ Petition can be conveniently disposed of by directing the Trial Court not to proceed with R.A.D. & E. No. 720/1334 of 2004, till the Directorate of Forensic Science Laboratory at Kalina, Santacruz submits its report in L.E.Suit Pg 1 of 2

14.wp.6913.2017.doc No. 141/173 of 2008. Once this report is filed, the Trial Court shall consider the report and thereafter proceed with the suit and try to dispose it off as expeditiously as possible. The contentions of all parties with reference to the said report are kept open. Needless to clarify that once the report is filed and considered by the Trial Court, the Petitioners herein shall be entitled to address their further arguments before the Trial Court. Rule is made absolute in the aforesaid terms. The Writ Petition is disposed of in the aforesaid terms. (B. P. COLABAWALLA, J.) Pg 2 of 2