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Bombay High CourtWP/12680/2016disposed offdismissed for default

Karbhari Vithal Khandagale And Another v. Kautik Bhimrao Khandagale And Others

2017-07-03Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12680 OF 2016 KARBHARI VITHAL KHANDAGALE AND ANOTHER

VERSUS

KAUTIK BHIMRAO KHANDAGALE AND OTHERS ...

Advocate for Petitioners : Shri R.V.Gore Advocate for Respondents : Shri A.R. Devakate ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: July 03, 2017 ...

PER COURT :- 1.

This matter is heard for sometime.

2.

Order XXXIX Rule 2A of the Code of Civil Procedure ("CPC") is an expeditious and efficacious remedy available to the plaintiff, who has been granted injunctory orders under Order XXXIX Rules 1 and 2 of the CPC. In fact, the trial Court has made the said observation in the last paragraph of the impugned order dated 21.11.2016.

3.

Considering the same, this petition is disposed off with liberty to the petitioners to avail of the said remedy. Needless to state, the impugned order seeking police protection shall not come in way of the petitioners in preferring such a remedy.

( RAVINDRA V. GHUGE, J. ) ...

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