Bombay High CourtWP/10323/2019disposed offdismissed for default

Meena @ Manisha Sudhakar Shinde v. Muktabai Kishan Baglane And Others

2019-08-21Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10323 OF 2019 MEENA @ MANISHA SUDHAKAR SHINDE

VERSUS

MUKTABAI KISHAN BAGLANE AND OTHERS ...

Advocate for the Petitioner : Shri Dharurkar Chaitanya V. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 21st August, 2019 Per Court:

This matter was heard on 20.08.2019 and today. I find that the grievance of the petitioner is that her pending application for temporary injunction is not yet decided though the suit has been filed in April, 2019. The petitioner has also taken the stand before the Trial Court that she is filing the suit as an indigent person and therefore, she is exempted from paying the court fees. I am informed that the application of the petitioner seeking service of notice by substituted mode to the long list of defendants is also pending. Considering the above, the petitioner is permitted to withdraw this writ petition. As such, this writ petition is disposed off as withdrawn, by issuing the following directions to the Trial Court:- (a) The petitioner be permitted to serve the defendants by

*2* 902wp10323o19 substituted service and the orders to that extent be passed by the Trial Court within 10 days from today.

(b) The pending temporary injunction application should be decided expeditiously and preferably within six weeks from today.

(c) Keeping this in view, the Trial Court would grant the returnable date in the matter by issuing notice to be served by substituted service, in such a way that the defendants would get time to file their written statement.

(d) It is open to the Trial Court to grant ad-interim protection, if deemed fit and proper, while entertaining exhibit-5. kps (RAVINDRA V. GHUGE, J.)