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Bombay High CourtWP/7681/2018disposed off

Haji Mansoor Ali Abid Ali (Since Decd.) Through Lrs. v. Smt. Rabbunisa Haji Riyazali (Since Decd.) Through Lrs.

2018-07-25Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

wp.7681.2018_509.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No.7681 OF 2018 Haji Mansoor Ali Abid Ali & Ors.

... Petitioners Vs.

Smt.Rabbunisa Haji Riyazali & Ors.

... Respondents Mr.Mayur Khandeparkar ib A.N. Nesarikar for the Petitioners Mr.B.P. Pandey i/b Shishir Pandey for the Respondent Nos.1,2& 3 CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JULY 25, 2018 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

This petition is directed against the order dated 28.6.2018 passed by the learned Judge of the City Civil Court, below exhibit 16 in Suit No.7423 of 1980.

3.

Heard submissions and perused the impugned order. In the facts and circumstances of the case, the impugned order dated 28.6.2018 refusing to take up the written statement is set aside. The trial Court is directed to accept the additional written statement by Vishwanath Satyanarayana Sherla Date:

2018.07.26 11:20:59 +0530 and proceed with the trial on 4.8.2018. No further adjournments to Vishwanath Satyanarayana Sherla

wp.7681.2018_509.doc be granted. Parties to cooperate with the trial Court as there is already an order passed by this Court expedite the suit. 4.

Writ Petition is disposed of accordingly.

(MRIDULA BHATKAR, J.)