Krushna Dashrath Gaikwadd v. Yashwant Vitthal Pathrut And ORS

P3. CIVIL WP-5513-2023.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 5113 OF 2023 Krushna Dashrath Gaikwad .. Petitioner

Versus

Yashwant Vitthal Pathrut & Ors.

.. Respondents ....................

 Mr. Anvil S. Kalekar for Petitioner  Mr. Prasad P. Kulkarni for Respondent Nos. 1 to 4 ...................

CORAM : MILIND N. JADHAV, J.

DATE : AUGUST 1, 2024 P. C.

:

1.

Not on board. Mentioned. Taken on board.

2.

Perused the praecipe dated 01.08.2024.

3.

Heard Mr. Kalekar, learned Advocate for Petitioner and Mr. Kulkarni, learned Advocate for Respondent Nos. 1 to 4. 4.

Present Writ Petition takes exception to the order dated 12.09.2022 passed by learned Trial Court below Exh. 42 in RCS No. 140/2018 allowing the Application filed by Defendant Nos. 1 to 4 to submit their written statement subject to condition of payment of costs of Rs. 5000/-.

5.

After hearing both the learned Advocates for the parties, the impugned order is sustained, however costs of Rs. 5000/- awarded by the learned Trial Court is modified to Rs. 10,000/-. 6.

Writ Petition stands disposed in the above terms. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.08.01 18:04:26 +0530 RAVINDRA MOHAN AMBERKAR