Kolhapur District Central Co-Op. Bank Ltd. Through Manager v. M/S. Anil Bapuso Shirole Through Shri. Anil Shirole And ANR

32.9104.15-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9104/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. T. S. Ingale for the petitioner CORAM : K. K. TATED, J.

DATE : AUGUST 10, 2016 P.C.:

1.

Heard. By this petition under Article 227 of the Constitution of India the Petitioner defendant No.2 challenges the order dated 01.07.2015 passed by the learned Adhoc District Judge - 3 Kolhapur below Exhibit- 42 in Regular Civil Appeal No.10/2012 allowing the plaintiff's application for review of the order dated 07.01.2015.

2.

As the petitioner has not joined all the parties in the present petition i.e. added defendant Nos.3 to 5, the Writ Petition stands dismissed on this ground only.

3.

After dismissal of the petition, the learned counsel for the petitioner submits that in the interest of justice, this Hon'ble Court be pleased to Basavraj G Patil 1/2

32.9104.15-wp expedite the hearing of Regular Civil Appeal No.10/2012.

4.

Considering the submissions made by the learned counsel for the petitioner and the judgment and decree dated 02.12.2011 in Regular Civil Suit No. 840/2009, the appellate court is directed to hear the Regular Civil Appeal No.10/2012 as early as possible but in any case on or before 31.03.2017.

JUDGE Basavraj G Patil 2/2