Sou. Gangubai Ashok Mane And ANR v. Sou. Hirabai Murlidhar Dalvi Decd Thru Lhrs And ORS

P8.WPST.2300.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.2300 OF 2024 Gangubai Ashok Mane and Anr.

.. Petitioners

Versus

Hirabai Murlidhar Dalvi (since deceased) through legal heirs Balkrishna Murlikdhar Dalvi and Ors.

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

 Mr. Sandeep Patade, Advocate for Petitioners. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 24, 2024 P.C.

:

1.

Mentioned. Not on Board. Taken on Board.

2.

Heard Mr. Patade, learned Advocate for Petitioners. 3.

Perused the praecipe dated 24.06.2024 and the Writ Petition.

4.

A fresh Writ Petition is filed by original Defendant Nos.3 and 14 for setting aside 'no evidence' order passed by the learned Trial Court.

5.

I have perused the impugned orders dated 06.07.2023 passed below Exhibit-148 in Special Civil Suit No.135 of 2023 and 02.08.2023 passed below Exhibit-151 in Special Civil Suit No.165 of 2013 and pleadings.

6.

I am informed that prior Writ Petition No.1375 of 2024 in

P8.WPST.2300.2024.doc respect of same suit proceedings is pending before this Court. 7.

Hence, issue notice to the Respondents in present Writ Petition. Humdast permitted. In addition to Court's notice, Petitioners are directed to serve the Respondents a copy of this order and copy of the Writ Petition and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof. Respondents are directed to file Affidavitin-Reply to the Writ Petition on or before the next date. 8.

List Writ Petition No.1375 of 2024 alongwith Writ Petition (Stamp) No.2300 of 2024 on 15th July, 2024.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2024.06.24 19:23:19 +0530 HARSHADA HANUMANT SAWANT