Ramesh S/O Kisan Bawankule And Others v. Sau. Shakuntala Shyamsunder And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Misc. Civil Application No.109 of 2017 IN First Appeal St. No. 4395 of 2015 [Ramesh Kisan Bawankule & others Vs. Sau. Shakuntala Shyamsundar Sarda & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. C.B. Dharmadhikari, Adv., for the applicants-appellants. Mr. M.R. Joharapurkar, Adv., for respondent no.1. Mr. M.A. Qureshi, Adv., for respondent no.2.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

10th February, 2017 The judgment passed by the trial Court in Special Civil Suit No. 671 of 2010 dated 8th October, 2014 is under challenge in the present appeal filed under Section 96 of the Civil Procedure Code. The learned counsel for the parties agree that the appeal under Section 96 of the Code would lie before the District Court, Nagpur.

In view of aforesaid, the proceedings in First Appeal St. No. 4395 of 2015 stand transferred to the District Court, Nagpur, for adjudication on merits.

The parties shall appear before the District Court on 6th March, 2017.

The ad interim order granted on 17th October, 2016 shall continue to operate till 8th March, 2017. The applicant is at liberty to apply for interim relief before the appellate Court and if such prayer is made, same shall be considered on its own merits without being influenced by continuation of the present order of status quo.

Proceedings are disposed of.

Judge |hedau|