M/S. Manoj Enterprises, Through Shri. Manoj Balchandra Desai v. Smt. Chandrabai Ambarnath Mhatre And ORS.

Trupti 11-cra-396-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 396 OF 2016 M/s. Manoj Enterprises Through its Proprietor, Shri. Manoj Bhalchandra Desai ...Applicant

Versus

Smt. Chandrabai Ambarnath Mhatre & Ors.

...Respondents

......

Mr. H. Inamdar i/b. Mr. Yogesh B. Dandekar for the Applicant. Mr. Pankaj J.Das for Respondent Nos. 10 to 13. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

JULY 02, 2018 P.C. :

1.

This Civil Revision Application is directed against the order dated 4th August, 2014 passed by the learned Jt. Civil Judge, Sr. Division, Panvel thereby rejecting the application below exhibit 17 in Special Civil Suit No. 867 of 2012. The applicant, who is the original defendant, has moved an application under Order 7 Rule 11 of the Code of Civil Procedure,1908 raising objection that the suit is barred by law of limitation and also under Order 2 Rule 2 of the C.P.C.

Trupti 11-cra-396-2016.doc 2.

In view of the Maharashtra Ordinance No. XVIII of 2018 dated 27th June, 2018, saving clause 3 (2) and proviso thereto, this Civil Revision Application abates. The trial Court to proceed. 3.

Pursuant to the Ordinance, if there is no enactment, then the learned Counsel for the applicant is given liberty to recall this order.

4.

Accordingly, the Civil Revision Application is disposed of as abated.

(MRIDULA BHATKAR, J.)