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Bombay High CourtCA/3276/2015disposed offdismissed for default

Subhash Sukhlal Lunkad And Others v. Pushpabai Mishrilal Gugale And Others

2015-05-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

*1* 902.ca.3276.15 kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3276 OF 2015 IN X-OBJST/32279/2014 SUBHASH SUKHLAL LUNKAD AND OTHERS

VERSUS

PUSHPABAI MISHRILAL GUGALE AND OTHERS ...

Advocate for Applicants : Mr.Bedre Vinayak Sudhakar Advocate for Respondents : Mr.R.R.Mantri h/f Mr.R.R.Sancheti for R/6. Mr.N.S.Jaju for R/7 to R/9.

Mr.Ajinkya Kale h/f Mr.S.B.Talekar for R/1 to R/5. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 06th May, 2015 Per Court:

This Court has passed an order dated 23.04.2015 by which the ad-interim order dated 12.03.2015 was slightly modified as an interim arrangement until further orders on this Civil Application. The litigating sides appear to be apprehensive that their submissions recorded in the order dated 23.04.2015 shall preclude them from making any further submissions in the Civil Application or on the main proceedings.

*2* 902.ca.3276.15 Considering the above apprehension voiced by Mr.Mantri as well as Mr.Bedre, it is made clear that the submissions of the respective sides recorded in the order dated 23.04.2015 would not preclude them from canvassing their respective contentions and rights in the matter as has been observed in the modified clause-2 of the order dated 12.03.2015 vide paragraph 10 of the order dated 23.04.2015. As such, all the parties would be at liberty to canvass their respective contentions and averments when the Civil Application and/or the Second Appeal would be considered on it's own merits. The motion for speaking to the minutes is, accordingly, disposed of.

(RAVINDRA V. GHUGE, J.)