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Bombay High CourtWP/13808/2016

Smt. Indutai Shamrao Pawar And ANR v. M/S Prakash Apt Scheme Through Partners

2024-12-05Hon'Ble Shri Justice Amit Borkar1 pages

9-wp13808-2016.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13808 OF 2016 Indutai Shamrao Pawar & Anr.

... Petitioners V/s.

Prakash Apartment Scheme, through partners ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2024.12.05 15:08:51 +0530 ATUL GANESH KULKARNI Mr. Prajakt M. Arjunwadkar for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 5, 2024 P.C.:

1.

The petitioners are original plaintiffs whose application for temporary injunction has been rejected by the Courts below. At least since 21 April 2010 there is no interim relief in petitioners' favour.

2.

Hence, by keeping all contentions raised by the petitioners open to be agitated before the Trial Court at the time of hearing of the suit, the writ petition stands disposed of. No costs. 3.

The Trial Court shall decide the petitioners' suit on its own merit. The suit is of the year 2009 and, hence, the Trial Court shall decide the same within six months from the date of receipt of this order.

(AMIT BORKAR, J.)