Manoj Namdeo Vadak v. Suresh Lakhumal Wadhava And Others

{1} wp4400-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4400 OF 2015 Manoj Namdeo Vadak PETITIONER

VERSUS

Suresh Lakhumal Wadhava & others RESPONDENTS .......

Mr. Shailesh S. Chapalgaonkar, Advocate for the petitioner Mr. Y. S. Choudhari, Advocate for respondents No.1 to 3 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 28 th SEPTEMBER, 2015 ORDER :

1.

After arguing for quite some time, learned advocates for the parties fairly resile to a situation wherein direction can be issued to trial court to decide application Exhibit-6 instead of deciding writ petition on merits, since that would serve the purpose to a large extent.

2.

In view of the same, learned civil judge, senior division, Kopargaon to decide Exhibit-6, in Special Civil Suit No.52 of 2014, as early as possible, preferably within a period of six weeks from the date of receipt of writ of this order. 3.

Needless to refer to that since application Exhibit-12

{2} wp4400-15 appears to be an interim application, trial court shall decide application Exhibit-6 on its own merits, without getting influenced by observations in order on Exhibit-12. 4.

With aforesaid writ petition stands disposed of. [SUNIL P. DESHMUKH, J.] drp/wp4400-15