Prakash Vasant Patkar v. Hiranyakeshi Sahakari Patpedhi Mydt. Mumbai And ORS

by PRASHANT VILAS RANE Date:

2023.02.23 21:33:05 +0530 PRASHANT VILAS RANE pvr 4AO868-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.868 OF 2014 Prakash Vasant Patkar ..Appellant Vs.

Hiranyakesh Sahakari Patpedhi Mydt. Mumbai & Ors. ...Respondents __________ Mr.S.S.Redekar, for the Appellant.

Mr.Bhimrao A. Powar, for Respondent No.1.

Mr.Suraj Kudalkar, for Respondent Nos.2 to 7. Ms.Tanaya Goswami, AGP for Respondent No.8.

__________ CORAM :

G.S. KULKARNI, J.

DATE :

FEBRUARY 22, 2023 P.C. :- 1.

This Court had passed a detailed order on 4 January 2023 whereby the impugned order dated 28 July 2014 passed by the City Civil Court on Notice of Motion No.1256 of 2013 was stayed. The operative order is noted in paragraph (2) of the said order. Accordingly, the matter was made returnable for today.

2.

Learned Counsel for the parties have drawn Court's attention to paragraph 14 of the said order to point out the reason for which the appeal was admitted. However, today learned Counsel for respondent No.1 has fairly stated that as the order passed by this Court is an extensive order, the appeal itself can be disposed of in terms of what was observed by this Court in the -------------------------

pvr 4AO868-2014 order dated 4 January 2023, keeping open all contentions of the parties to be urged in the pending suit. Learned Counsel for the appellant certainly would not have any objection.

3.

In the aforesaid circumstances, the appeal is disposed of directing that the order dated 4 January 2023 shall operate during the pendency of S.C.Suit No.1137 of 2012 pending before the City Civil Court, Bombay. 4.

Disposed of in the above terms. No costs.

[G.S. KULKARNI, J.] -------------------------