Smt. Sumati Shivgonda Patil Through The Poa Rajendra S. Patil v. Anna Nana Desai And ORS.

1/2 P-7.wp.13504-16.doc [Sumati v. Anna]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13504 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Dhairyasheel Sutar, Advocate for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 08/12/2016 P.C.:

1.

Not on board. At the request of Mr.Sutar taken up for admission.

2.

Heard Mr.Sutar, learned counsel for the petitioner. Mr. Sutar has made limited grievance about the trial Court not disposing of the application Exhibit­5. He submitted that the plaintiff has filed application Exhibit­5 on 20.11.2013 praying for temporary injunction restraining defendants No.1 & 2 from creating third party interest and/or creating charge over the suit property. By order dated 29.11.2013, the learned trial Judge simply issued notice to defendants No.1 & 2 asking as to why

2/2 P-7.wp.13504-16.doc [Sumati v. Anna] injunction as prayed should not be granted against them. He submitted that till date, the learned trial Judge has not decided Exhibit­5.

3.

In view thereof, the Petition is disposed of by directing the learned trial Judge to decide application Exhibit­5 within eight weeks from production of the authenticated copy of this order and pass appropriate order in that regard.

4.

All parties, including the trial Court, to act upon the authenticated copy of this order. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)