Seema Sharad Mutha And ORS v. Excellent Construction Pvt Ltd And ORS

ao38-2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 38 OF 2004 WITH C.A. NO. 4761/2004 IN A.O. NO. 38/2004 (Seema Sharad Mutha and others Vs. Excellent Construction Private Ltd. and others) ---- Mr. R.R. Mantri, Advocate for the appellants/applicants Mr. V.D. Sapkal, Advocate holding for Mr. Vivek V. Kabade, Advocate for respondent No. 1 Appeal is dismissed against respondent No.2 vide Court's order dated 20.04.2007 passed in Civil Application No. 4761/2004 ---- CORAM : M.T. JOSHI, J.

DATE : 24/06/2015 ORAL ORDER :

1.

Mr. R.R. Mantri, learned counsel for the appellants and Mr. V.D. Sapkal, learned counsel for respondent No. 1 submit before me that instead of passing any order on merit of the case, the impugned order may be continued with direction to the learned Judge of the trial court to take efforts for expeditious hearing of the suit. It is also agreed that in case the conclusion of the trial is delayed beyond six months due to any action or in-action on the part of respondent No.1 i.e. the original plaintiff, the present appellants

ao38-2004 would be entitled for filing an application for variation in the impugned order of injunction passed by the learned trial court.

2.

The submissions are reasonable. In the circumstances, the present appeal from order as well as civil application are hereby disposed of without any order on merit, in terms of above statements. No order as to costs.

[M.T. JOSHI] JUDGE npj/ao38-2004