Gulab Mahadu Phulavade v. Deepak Alias Dilip Vitthal Phulavade And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12333 OF 2016 Gulab Mahadu Phulavade ....

Petitioner Vs.

Deepak Alias Dilip Vitthal Phulavade....

Respondents & Ors.

Mr. Vaibhav P. Patankar for Petitioner Coram : NITIN W. SAMBRE, J.

Date : 9TH AUGUST, 2021 P.C.:

1.

The contention of the learned counsel appearing for the Petitioner/defendant are, suit being Regular Civil Suit No. 146 of 2007 is still pending adjudication, which is for declaration and injunction is pending at the stage of cross-examination of the Plaintiff. The said statement, which is made on instructions is accepted. 2.

In the aforesaid backdrop, an order impugned passed below Exhibit 64 is modified. It is clarified that it shall be open for the

Dusane 2/2 10 WP 12333.2016.doc Petitioner / Defendant to move before the Court of Civil Judge, Senior Division, Junnar for setting aside No Cross order. If such application is made, the Court shall deal with the same in accordance with law. 3.

The Petition stands disposed of.

( NITIN W. SAMBRE, J.)