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Bombay High CourtWP/10043/2016disposed off

Mukteswar Mahadev Temple Trust Through Mahant Shri. Ganeshdas Sevadassji v. Gurdeep Singh S/O Swaran Singh And ORS

2016-08-19Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 P20.WPst21260.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 21260 OF 2016 Mukteswar Mahadev Temple Trust through Mahant Shri Ganeshdas Guru Mahant Sevadassji ... Petitioner v/s Gurdeep Singh s/o Swaran Singh & ors.

... Respondents Mr.Sandeep Salunke for the petitioner.

None present for the respondents.

Coram: N.M. Jamdar, J.

Dated: 19 August 2016 P.C.:

Not on board. Taken on production board in view of the praecipe filed by the Petitioner.

Learned counsel for the Petitioner states that the Respondents are served and Respondent No.1 is absconding and the ad-interim relief ought not to have been vacated on this ground alone by the learned City Civil Court Judge.

bsb 2 P20.WPst21260.16.doc The matter is pending at ad-interim stage. It appears that there are some observations wherein the Petitioner was directed to serve the Respondents and that the Petitioner is not at fault having not taken steps to serve those Respondents in the same order passed on the same date. Since the matter is pending at the stage of ad-interim relief, it will be appropriate if the Petitioner moves the City Civil Court Judge and points out that the Petitioner has already taken steps to serve the Respondents and seek restoration of the ad-interim order. With this liberty, the writ petition is disposed of. (N. M. Jamdar, J.)