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Bombay High CourtNMS/701/2010dismissed

Dr. Mrs. Alka Sudhir Shintre. v. Smt. Shobha Sashikant Dhere And 3 ORS.

2016-06-09Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 47.NMS-701-2010.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.701 OF 2010 IN SUIT NO.563 OF 2010 Dr. Mrs. Alka Sudhir Shintre ....Plaintiff V/s.

Smt. Shobha Shashikant Dhere & Ors.

....Defendants ---- Ms. Ayodhya Patki i/b. Nitesh Bhutekar for the plaintiff. None for the defendants.

---- CORAM : K.R.SHRIRAM,J DATE : 9th JUNE, 2016 P.C.:- The suit is for partition. The motion has been pending since the year 2010. The plaintiff has not even moved for any ad-interim relief. Moreover no explanation is coming forth as to why the prayer as sought in the notice of motion should be given after six years of filing the suit. Moreover, the suit as against defendant nos.1,2 and 3 has been transferred to the list of undefended suits whereas the defendant no.4 is the only defendant, who has filed the written statement.

In the circumstances, the notice of motion is dismissed. The plaintiff and the defendant no.4 to file their respective affidavit of documents and compilation of documents on or before Gauri Gaekwad

2/2 47.NMS-701-2010.doc 1st July, 2016. Inspection to be given of each others documents by 9th July, 2016. The statement of admission and denial with reasons for denial to be filed and exchanged by 16th July, 2016. Stand over to 25th July, 2016 for issues.

(K.R.SHRIRAM,J) Gauri Gaekwad