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Bombay High CourtWP/3016/2020dismissed for noncomplying conditional order

Nijam Babalal Mulani And ORS v. Mahadev Jotiram Jagtap And ORS

2020-03-05Hon'Ble Justice Revati Mohite Dere2 pages

WPST 27727-19.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 27727 OF 2019 Nijam Babalal Mulani & ors.

.Petitioners Vs.

Mahadev Jotiram Jagtap & ors.

.Respondents Mr. Makrand Kale a/w Mr. Samadhan A. Kashid, Advocate, for the Petitioners None for the Respondents

CORAM

:

REVATI MOHITE DERE, J.

DATE :

05.03.2020 P. C.

.

Heard learned counsel for the Petitioners.

2.

Issue notice to the Respondents, returnable on 16.04.2020. Hamdast permitted. In addition to Court notice, Advocate for the Petitioners, to serve the Respondents by Advocate's notice and file Affidavit of service before the returnable date. Notice to indicate that an endeavour shall be made to dispose of the Petition finally at the stage of admission, even if none appears for the Respondents. Spare copies to be supplied within ten days from today in the Registry of this Court, failing which the Petition shall stand dismissed for want of prosecution without further reference to the Court.

WPST 27727-19.doc 3.

Learned counsel for the Petitioners states that there was an interim order passed in favour of the Petitioners below Exh. 5 which was continued during the pendency of the Appeal i. e. on 23.08.2019. Learned counsel for the Petitioners states that same be continued till the next date.

4.

In the meantime, till the next date, parties to maintain status-quo with respect to the suit property. The Respondents shall also not create any third party interest in the suit property till the next date.

(REVATI MOHITE DERE, J.)