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Bombay High CourtCAW/1246/2017disposed off

Shri. Baburao Dhondappa Patil (Since Decd) Through Lrs. v. Sau. Rani Rajesh Patil And ORS.

2024-11-25Hon'Ble Shri Justice Amit Borkar2 pages

38-caw1246-2017inwp-5111-2017.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5111 OF 2017 Baburao Dhondappa Patil ... Petitioner V/s.

Rani Rajesh Patil & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.11.25 17:59:36 +0530 WITH CIVIL APPLICATION NO.1246 OF 2017 IN WRIT PETITION NO.5111 OF 2017 Baburao Dhondappa Patil Since Deceased Through His Legal Heirs ... Applicant V/s.

Rani Rajesh Patil & Ors.

... Respondents Mr. Ashutosh M. Kulkarni with Mr. Akshay Kulkarni for the petitioner/applicant.

Mr. Rushabh D. Phade for respondent Nos.1 to 3.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 25, 2024 P.C.:

CIVIL APPLICATION NO.1246 OF 2017 1.

For the reasons stated in the civil application, the same is allowed in terms of prayer clauses (b) and (c). 2.

Necessary amendment to be carried out forthwith.

38-caw1246-2017inwp-5111-2017.doc WRIT PETITION NO.5111 OF 2017 3.

The petition challenges orders passed by the Courts below rejecting interim relief sought by the petitioner-original plaintiff. Since the institution of suit i.e. since 2014, there is no interim relief against the defendant. Hence, keeping all questions raised in the petition open to be agitated at the time of final hearing of the suit, the writ petition stands disposed of.

4.

The Trial Court shall decide the suit expeditiously. (AMIT BORKAR, J.)