Mahendra Madhukar Mayekar v. Shashikant Ramjo Waghdhare And ORS

DSS 6-caw- 911-13 in wp-237-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 237 OF 2011 WITH CIVIL APPLICATION NO. 911 OF 2013 Mahendra M. Mayekar .. Petitioner.

vs.

Shashikant R. Waghdhare and ors.

.. Respondents.

None for the Petitioner.

Mr. G.T. Kanchan Purkar for Respondent No.1.

CORAM : M. S. SONAK, J.

DATE : 14 JANUARY, 2015 P.C. :- 1] None for the petitioner.

2] This petition is directed against the judgment and order dated 16 August 2010, by which the Principal District Judge, Ratnagiri dismissed the appeal against interim order passed by Civil Judge, Junior Division, Rajapur in Regular Civil Suit No.72 of 2008. 2] By now, learned counsel for respondent No.1 apprehends that the main civil suit itself may have been disposed of. Nevertheless, since this petition is only against interim order granted by Civil Judge, Junior Division and confirmed by the Principal District Judge, there is no reason to interfere with the same.

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DSS 6-caw- 911-13 in wp-237-11 3] Perusal of the Roznama would indicate that this petition has already been dismissed as against respondent No.3 for failure to take steps. In these circumstances, present petition is dismissed. 4] In view of dismissal of the petition, Civil Application No.911 of 2013 does not survive and is accordingly disposed of. (M. S. SONAK, J.) dinesh 2/2