Mrs. Anita Ashok Shetye And ORS v. Mr.Prakash Dhondu Shetye

(35) AO 491-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER NO. 491 OF 2016 WITH CIVIL APPLICATION NO. 637 OF 2016 Mrs. Anita Ashok Shetye & Ors.

.. Appellants Vs.

Mr. Prakash Dhondu Shetye & Ors.

.. Respondents Mr. Meit Sampat i/b Little & Co. for the Appellants. Mr. Hamid Ab. for Respondent No.2.

Mr. S. S. Redekar for Respondent No.1.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th SEPTEMBER, 2016.

P. C. :

1.

This appeal is preferred against the disposal of the Notice of Motion 2446 of 2016 by the order dated 08.10.2015. 2.

It is submitted by the learned counsel for the respondents that the suit, in which the Notice of Motion was filed, is already fixed for hearing and merely because this appeal is pending in this Court, the hearing of the suit is being protracted. In view thereof, as the issue involved in this appeal can be effectively decided at the time of hearing of the suit itself, the appeal is disposed of with direction to both the parties to co-operate with the Trial Court for proceeding with the hearing of the suit. 3.

As the appeal is disposed of, the Civil Application does not survive and stands disposed of.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1