Mr. Subhash Raghavdas Mete v. Mrs. Kavita Anantrao Jadhav And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11212 OF 2014 Subhash R. Mete .. Petitioner vs.

Kavita A. Jadhav & anr.

.. Respondents Mr. S.R. Page for the Petitioner.

CORAM :

M. S. SONAK, J.

DATE : 02 SEPTEMBER 2015.

P.C. :- 1] In this matter, ad-interim ex-parte relief was granted on 4 February 2015. Though attempts were made to serve the respondents, but such attempts were not borne any significant fruit. 2] There is no necessity to interfere with the impugned order, at this stage. This is because, the dispute really revolves around certain entries in the Roznama and record of whether or not some affidavit had been filed by the petitioner. Such dispute was raised at a very belated stage, i.e., at the stage when the matter was finally argued before the Trial Court.

3] However, it is made clear that in case, the Civil Suit No. 317 of 2011 is finally decided against the petitioner and the petitioner 1/3

chooses to institute substantive appeal against the same, then the petitioner shall be entitled to impugned the order dated 20 September 2014. All contention of all parties in this regard are, therefore, kept open.

4] With liberty as aforesaid, this petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/3

CERTIFICATE "I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by :

Dinesh S. Sherla Personal Assistant to the Hon'ble Mr. Justice M.S. Sonak Uploaded on :

03/09/2015 3/3