Bombay High CourtCAW/1035/2015dispossed offdismiss for default

Ramesh Laxmanrao Hiranwar And Another v. Vidya Bhimrao Jamgade And 15 Others

2015-09-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw1035.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.1035 OF 2015 IN WRIT PETITION NO.1081 OF 2014 (RAMESH LAXMANRAO HIRANWAR & ANR..vs... SMT.VIDHYA BHIMRAO JAMGADE & OTHERS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Archana Kulkarni h/f. Shri R.S.Parsodkar, Adv. for Petitioner. Shri R.V.Gaikwad, Advocate for respondent Nos.1 to 11. Shri A.M.Deshpande, A.G.P. for Respondent Nos.12 to 15. CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 01, 2015.

Heard learned advocates for the respective parties.

Shri Gaikwad, learned advocate for the applicants/ respondent Nos.1 to 11 has submitted that the petitioners are trying to dispose of the suit property and therefore, they have filed application before the trial Court praying for temporary injunction restraining the petitioners from disposing of the suit property, however, due to the interim order passed by this Court on 15th December, 2014, staying further proceedings of the civil suit, the application filed by the respondent Nos. 1 to 11 is not being heard by the trial Court.

The learned advocate for the petitioners seeks time to take appropriate instructions from the petitioners regarding the contentions of the respondent Nos. 1 to 11. 4.

In my view, it would be appropriate that the

2 caw1035.15 learned trial Judge shall hear the parties and decide the application filed by the respondent Nos. 1 to 11 praying for temporary injunction.

The learned trial Judge is granted liberty to take decision on the above mentioned application, subject to directions that the further proceedings of the civil suit shall continue to be stayed as per the interim order passed by this Court on 15th December, 2014.

The civil application is disposed of in the above terms. No costs.

JUDGE RRaut..