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Bombay High CourtWP/444/2024disposed off

Mohan Mahadev Mali v. Prabhakar Mahadev Mali Since Deced Thr. Legal Heirs And ORS

2024-01-16Hon'Ble Shri Justice Milind N. Jadhav2 pages

18.WP.444.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.444 OF 2024 Mohan Mahadev Mali .. Petitioner

Versus

Prabhakar Mahadev Mali (since deceased) through legal heirs Vaijayanti Prabhakar Mali and Ors.

.. Respondents ....................

 Mr. Mohansinh U. Rajput, Advocate for Petitioner. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 16, 2024 P.C.

:

1.

Heard Mr. Rajput, learned Advocate for Petitioner. 2.

At the outset after hearing Mr. Rajput, learned Advocate appearing for the Petitioner and perusing the impugned order dated 25.08.2023 passed below Exhibit-293 in Regular Civil Suit No.1 of 2000 I expressed my mind to dismiss the present Writ Petition with exemplary costs. Mr. Rajput urged the Court to keep the matter back to seek instructions from the Petitioner as to whether he would comply with the substantive order dated 16.06.2023 passed by this Court (Coram : Sandeep V. Marne, J) in Writ Petition No.9023 of 2022 and various directions given therein in the order. 3.

Instructions have now been obtained by Mr. Rajput and he would submit that order dated 16.06.2023 shall be complied with fully in letter and spirit without raising any further grievance by the

18.WP.444.2024.doc Petitioner. He has also obtained instructions and would inform the Court that the remaining trial / cross-examination / witness action shall be completed as directed by the Court in the order dated 16.06.2023 within a period of two months from today. 4.

In view of the above, the order dated 25.08.2023 is sustained subject to following the aforementioned directions and the learned Trial Court shall permit the Petitioner to comply with the order dated 16.06.2023 and complete the witness action. 5.

Writ Petition is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.01.17 16:34:26 +0530 HARSHADA HANUMANT SAWANT