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Bombay High CourtWP/2329/2024disposed off

Hemant Radhakrishna Sapale v. Vyankatesh Devidas Kamat And ORS

2024-02-22Hon'Ble Shri Justice Madhav J. Jamdar2 pages

KVM 1/2 25 - WP 2329 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2024.02.23 15:38:50 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2329 OF 2024 Hemant Radhakrishna Sapale ..... Petitioner

VERSUS

Vyankatesh Devidas Kamat & Ors.

..... Respondents Mr. Sachin Dhakephalkar for the Petitioner.

CORAM: RAJESH S. PATIL, J.

DATE : 22 FEBRUARY, 2024 P.C. :- This writ petition is filed by the original plaintiff challenging the order passed by the Trial Court and has confirmed by the Appellate Bench thereby rejecting the application for issuance of witness summons to the sister of the original plaintiff.

2.

Issue notice to the respondents, returnable on 21 March, 2024.

3.

Apart from Court notice, the petitioner is also permitted to serve the respondents by private notice, by all permissible modes

KVM 2/2 25 - WP 2329 OF 2024.doc of service and file affidavit of service before the next date of the hearing.

4.

Mr.Dhakephalkar submits that he has instructions to press for prayer clause (b) of the writ petition.

5.

Hence, there will be ad-interim relief in terms of (b) till further orders.

6.

The said prayer clause (b) reads as under :- (b) Stay the further proceedings of the RAE & R Suit No. 2185 of 1980 pending before the Small Causes Court at Bandra Branch pending hearing and final disposal of the present Writ Petition.

[RAJESH S. PATIL, J.]