Vishnu Nivrutti Gaikwad Decd Thru Lhrs v. Ramdas Vishnu Gaikwad And ANR

44-wp1171-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1171 OF 2023 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.12.13 18:57:45 +0530 Vishnu Nivrutti Gaikwad Since Deceased Through His Legal Heirs and Ors.

... Petitioners V/s.

Ramdas Vishnu Gaikwad & Anr.

... Respondents Mr. Rajaram V. Bansode for the petitioners.

Mr. Dilip Bodake for respondent Nos.1 and 2.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 13, 2023 P.C.:

1.

The impugned order is passed under Order 41 Rule 19 of the Civil Procedure Code, 1908. Order 43 Rule 1(t) provides for appeal from order. Hence, the writ petition is dismissed as not maintainable. However, it will be open for the petitioners to file appeal from order.

2.

Since this Court by order dated 27th January 2023 protected the petitioners, the said ad-interim relief shall continue for period of two weeks from today.

(AMIT BORKAR, J.)