Ankush Niwrutti Mhaske And ANR v. Asha Jeevan Idnani And ANR

1 WP 8833-15.doc-32

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8833 OF 2015 Ankush Niwrutti Mhaske and Anr.

] ... Petitioners

Versus

Asha Jeevan Indani and Anr.

] ... Respondents Mr. Vaibhav Gaikwad for Petitioners.

Mr. S. D. Rayarikar for Respondent No.2.

CORAM :- M. S. SONAK, J.

DATE :- SEPTEMBER 07, 2015 P. C. :- 1.

The complaint in this petition is that the Respondent No.2 is proceeding with the record of evidence in the matter, without issues having been framed. In fact, the Petitioners, by application dated 13/08/2015, had requested the Respondent No.2 that issues be framed and had also submitted draft issues along with. The matter is now posted for evidence on 08/09/2015.

2.

There is no necessity to entertain the present petition. However, on 08/09/2015, the Respondent No.2 to frame issues based upon the pleadings of the parties. The record of evidence may be deferred, at the most, by one week.

2 WP 8833-15.doc-32 3.

Further, considering the issue involved, the proceedings before the Respondent No.2 are expedited. The proceedings be disposed of as expeditiously as possible and in any case, within a period of three months from today.

4.

This petition is disposed of in the aforesaid terms. 5.

All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.)

3 WP 8833-15.doc-32 CERTIFICATE Certified to be true and correct copy of the original signed Order.