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Bombay High CourtAO/27/2017disposed offdismissed for default

Smt. Tolibai Jaising Naik, Since Deceased Through Her L.Rs. Bhimrao Jaising Naik And Others v. Morasinha Rupa Naik And Others

2017-08-03Hon'Ble Shri Justice V.K. Jadhav2 pages

AO 27.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APEAL FROM ORDER NO. 27 OF 2017 SMT. TOLIBAI JAISING NAIK, SINCE DECEASED THROUGH HER L.RS. BHIMRAO JAISING NAIK AND OTHERS.

VERSUS

MORASINHA RUPA NAIK AND OTHERS ...

Advocate for Petitioner : Mr A P Bhandari Advocate for Respondents 1-4 : Mr S P Brahme ...

CORAM : V.K. JADHAV, J.

Dated: August 03, 2017 ...

PER COURT :- 1.

By consent, the Trial Court is hereby directed to dispose off the Special Civil Suit No.104/2001, as expeditiously as possible, preferably within a period of FOUR (4) months from the date of receipt of this order, preferably with day to day hearing. The parties shall cooperate the Court. The Court shall report the progress of the suit at the end of every week to the Registrar (Judicial) of this Court. The Registrar (Judicial) of this Court shall keep the record of the said communication, and, if necessary, place it before the Court for further action, if required.

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AO 27.2017.odt 2.

By consent of both the parties, the evidence recorded by the Trial Court in respect of the application at Exh.35, shall be the evidence in the suit and, the parties are also at liberty to adduce additional oral and documentary evidence in support of their rival contentions.

3.

Appeal from order is accordingly disposed of. Pending civil application, if any, also stands disposed of. ( V.K. JADHAV, J. ) ...

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