Shriniwas Shrikisan Baheti v. Srikisan Hiralal Baheti And Others

WP-5291.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 5291 OF 2015 Shriniwas s/o Shrikisan Baheti ... Petitioner

Versus

Srikisan s/o Hiralal Baheti and others ... Respondents ----- Mr. Santosh V. Munde, , Advocate for petitioner Mr. Prasad B. Kadam, Advocate holding for Mr. S. J. Salunke, Advocate for respondents no. 1 & 2 Mr. P. B. Shirsath, Advocate for respondent no. 3 CORAM :

SUNIL P. DESHMUKH, J.

17TH JULY, 2015 ORDER:

1.

The petition has been moved under the circumstances which have been referred to in the order dated 08-05-2015. 2.

Learned counsel Mr. Shirsath appearing for respondent no. 3 has advanced various contentions, primarily on merits of the case, yet he is not in a position to steer clear off the position that the status-quo order has been vacated without hearing the petitioner. 3.

In view of the same, I deem it appropriate and it would be in the interest of all concerned, without dealing with matter on merits, if the appellate court decides Exhibit-19 after hearing the petitioners and the concerned parties. As such Impugned order dated 27-4-2015 vacating the status-quo order is set aside. The Exhibit-19 stands restored.

WP-5291.15 4.

Under the circumstances, writ petition stands disposed of without reflection on merits of the contentions on either side, with directions to appellate court to consider and decide application Exhibit-19 within a period of four weeks from the date of receipt of writ of this order.

SUNIL P. DESHMUKH, J.

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