Mr. Maruti Gabaji Thopate v. Mr. Kailash Gabaji Thopate And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.908 OF 2019 Maruti Gabaji Thopate .. Appellant vs Kailash Gabaji Thopate & Ors .. Respondents with INTERIM APPLICATION NO.1 OF 2019 along with APPEAL FROM ORDER (St) NO.26529 of 2019 Kailash Gabaji Thopate .. Applicant vs Maruti Gabaji Thopate .. Respondent .....

Mr.P.S.Dani Sr.Advocate with Mer.J.G.Reddy i/bMr.Arvind Aswani for Appellant in AO (St) NO.26529/2019 and for Responident nos.1 to 5 in AO/908/2019 Mr.Madhav J.Jamdar I.b Mr.Rohan Surve for Respondent in AO St.26529/2019 and for Appellant in AO/908/2019 CORAM : S.C. GUPTE, J DATE : 1 st OCTOBER 2019 P. C.

1.

It is agreed between all parties in these two appeals, that the impugned orders passed by the trial Court on Exhibit 5 and 18 in Special Civil Suit No.474 of 2019 are vitiated by glaring errors. 2.

Having regard to the tenor of the impugned orders, all parties request that the matter should be remanded but, on remand, it may

2/3 be heard by another Court, since the learned Judge, who has passed the impugned order, appears to have already made up his mind and made it up wrongly.

3.

Impugned order dated 29.8.2019 is, accordingly, quashed and set aside and Applications being Exhibit 5 and 18 are remanded to the Court of Civil Judge, Senior Division, Pune. Appeals from order are disposed of accordingly.

4.

The matter may be assigned to another Joint Civil Judge, Senior Division, Pune for a fresh hearing in accordance with law. 5.

Interim Application is disposed of.

( S.C. GUPTE, J )

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