Mrs. Kausalya Gajanan Kirve v. Mr. Suhas Manohar Gaikwad

Nitin 1 / 2 39-SA-862-2016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 862 OF 2016 ALONG WITH CIVIL APPLICATION NO. 1519 OF 2016 Mrs. Kausalya Gajanan Kirve ...Appellant /Applicant

Versus

Mr. Suhas Manohar Gaikwad and Ors.

...Respondents

Mr. Abhijit Kulkarni for the Appellant / Applicant. Mr. P.B. Gujar for Respondent No. 1.

Mr. R.A. Naik i/b.Mr. Umesh Mankapure for Respondent No. 2 CORAM : S.J. KATHAWALLA, J.

DATED : 25TH SEPTEMBER, 2017 P.C.:

Heard the learned Advocates appearing for the Appellant / Applicant and Respondent No. 1 and the following order is passed : i.

The order dated 31 th August, 2016 passed by the District Judge-8, Pune as well as the order dated 30th November, 2013 passed by the Judge of the Small Causes Court, Pune are set aside.

ii.

The learned Advocate appearing for the Appellant / Applicant on instructions undertakes that the Appellant / Applicant shall pay an amount of Rs.50,000/- by way of demand draft to Respondent No. 1 within a period of one week from today. The undertaking is accepted.

Nitin 2 / 2 39-SA-862-2016.sxw iii.

Parties to appear before the Trial Court on 3 rd October, 2017 at 11.00 a.m.

and obtain necessary directions in the matter. iv.

The Trial Court to complete the trial within a period of sixteen weeks from the date when the parties appear before him.

v.

The Trial Court shall allow the Appellant / Applicant to file her Written Statement on or before 17 th October, 2017.

vi.

The above Second Appeal as well as Civil Application are disposed off. ( S.J.KATHAWALLA, J. )