Daruwalawadi Co-Op. Housing Society Limited v. Pukhraj Chunilal Bafna And ORS

kvm 1/2 25-AO1016.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1016 OF 2014 ALONGWITH CIVIL APPLICATION NO. 1230 OF 2014 IN APPEAL FROM ORDER NO. 1016 OF 2014 Daruwalawadi Co-op.Housing Society Limited ..... Appellants

VERSUS

Pukhraj Chunilal Bafna & Ors.

..... Respondents Mr.Y.S.Jahagirdar, Senior Advocate, a/w. Ms.Bharti Mahant, Ms.Archana Karmokar, i/b. Divya Shah & Associates for the Appellants. Mr.Tushar Dahibawkar, i/b. Dahibawkar for Respondent No.3. Mr.Pukhraj Bafna, Respondent No.1 present in person. CORAM :

R.D. DHANUKA, J.

DATED :

22nd FEBRUARY, 2016 P.C.

By this appeal from order, the appellant society has impugned the order dated 22nd September, 2014 passed by the learned trial judge dismissing the notice of motion inter alia praying for appointment of the Court Receiver and injunction in the suit of the year 1992.

2.

There is no dispute that the suit is slated to be on board on 16th March, 2016 for filing affidavit in lieu of examination in chief of the plaintiff. In view of the fact that the suit is already on board for commencement of the trial, I do not propose to interfere with the order passed by the learned trial judge. Hearing of the suit is expedited.

kvm 2/2 25-AO1016.14 3.

The learned trial judge shall dispose of the suit without being influenced by the observations made in the impugned order. The parties to the proceedings are directed to co-operate with each other and with the learned trial judge in expeditious disposal of the suit.

4.

The learned trial judge shall make an endeavor to dispose of the suit within one year from the date of commencement of the oral evidence. 5.

Appeal from order is disposed of in the aforesaid terms. No order as to costs. In view of disposal of the appeal from order, civil application does not survive and is accordingly disposed of.

[R.D. DHANUKA, J.]