M/S Giriraj Enterprises Automobile Through Its Partner Girish Madhav Malpani v. Shaikh Ayub Chand Alias Chotubhai And Others

108wp6720.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 108 WRIT PETITION NO. 6720 OF 2023 M/S GIRIRAJ ENTERPRISES AUTOMOBILE THROUGH ITS PARTNER GIRISH MADHAV MALPANI

VERSUS

SHAIKH AYUB CHAND ALIAS CHOTUBHAI AND OTHERS ...

Advocate for the Petitioner : Mr. Dixit Satyajeet S. Advocate for Respondent Nos. 1 to 3 : Mr. Shaikh Mazhar A. Jahagirdar ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 08.12.2025 PER COURT :

1.

Heard the learned Counsel for the petitioner. 2.

By way of this petition, the petitioner assails the order dated 14.02.2023 passed below Exh. 15 by the 3rd Joint Civil Judge, Senior Division, Ahmednagar in Special Civil Suit No. 207 of 2020. 3.

The learned Counsel for the respondent submits that now the matter is kept on 12.12.2025 for evidence of defendant. 4.

In view of the fact that now the matter is fixed for recording evidence of the defendant, therefore without going into the merit of the matter, it is desirable to direct the learned trial Court to decide the issue involved in the present petition in the suit itself.

5.

All points kept open.

5.

The interim relief granted by this Court on 21.06.2023 to continue till the trial Court decides the suit on its own merit. 4.

In view thereof, the Writ Petition is disposed of. (SIDDHESHWAR S. THOMBRE, J.) mahajansb/