Smt. Savitribai Laxman Patil And ORS. v. Mr. Shantaram Damodar Patil An Dors.

Dinesh Sherla 23-wp-11489-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11489 OF 2017 Smt. Savitribai L. Patil and ors.

.. Petitioners vs.

Shantaram D. Patil and ors.

.. Respondents Mr. Sandeep Mishra a/w. Mr. Prakash Mishra for the Petitioners. Mr. Sandesh Patil i/b Mr. Chintan Shah for Respondent No.1. Mr. Jatin Malvankar h/f. Mr. Mayuresh Laga for Respondent No.3. CORAM :

M. S. SONAK, J.

DATE : 06 NOVEMBER 2017.

P.C. :- 1] The petitioners in this case, has already instituted an appeal against the order dated 7th April 2017 made by the Trial Judge granting interim reliefs in favour of the respondents. Such appeal was instituted in April 2017 and therein, the petitioners, have also applied for interim reliefs.

2] Accordingly, it will not be appropriate for this Court to consider the petitioners' application for interim relief in this petition. Instead, it will be appropriate if the District Court is directed to take up and dispose of the petitioners' application for interim relief as expeditiously as possible.

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Dinesh Sherla 23-wp-11489-17 3] Learned counsel for the parties inform that the matter is fixed before the District Court on 24th November 2017. If this be so, the District Court, is requested to take up the matter on the said date positively and thereafter dispose of at least the application for interim relief made by the petitioners as expeditiously as possible and in any case within a period of 15 days thereafter. 4] It is clarified that this Court has not adverted to the merits of the matter and therefore all the contentions of all parties are kept open for determination by the District Court. 5] The petition is disposed of in the aforesaid terms. There shall be no order as to costs.

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