Dilip Shamkar Mulay v. Pradip Shamkar Mulay And ORS.

WP10956_14.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10956 OF 2014 Dilip Shankar Mulay ...

Petitioner Vs.

Pradip Shankar Mulay and others ...

Respondents Dilip Shankar Mulay, Petitioner present in person. Mr. Sandesh Deshpande for Respondent No.1.

CORAM : R. G. KETKAR, J.

DATE : 17TH JUNE, 2015 P.C. :

Heard Mr. Mulaye, petitioner in person and Mr. Deshpande, learned Counsel for respondent No.1.

2.

This Petition challenges the order dated 17.08.2013 passed by the learned Civil Judge Senior Division, Thane below exhibit-599 in Regular Civil Suit No.1407 of 2012. Mr. Mulaye submitted that he has taken out application at exhibit-519 on 19.06.2012 under Order XIV Rule (3) (4) for framing issues. The said application is pending. He submitted that if the trial Court is directed to decide that application along with the Suit, he will not press this Petition and withdraw the Petition.

3.

In view thereof, Petition is allowed to be withdrawn. It is clarified that the learned trial Judge while deciding the main Suit will decide all the pending applications including application at exhibit-519. (R. G. KETKAR, J.) Minal Parab 1/1