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Bombay High CourtWP/5240/2024disposed off

Lalit Mahesh Mulani v. Nisha Hiro Mulani

2024-12-04Hon'Ble Ms. Justice Gauri Godse2 pages

2-WP-5240-2024+WP-5625-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR WRIT PETITION NO.5240 OF 2024 Lalit Mahesh Mulani

...Petitioner

SATISH RAMCHANDRA SANGAR Date: 2024.12.11 10:00:37 +0530 V/s.

Nisha Hiro Mulani

...Respondent

WITH WRIT PETITION NO.5625 OF 2024 Lalit Mahesh Mulani

...Petitioner

V/s.

Nisha Hiro Mulani and Anr.

...Respondents

***** Mr.Induprakash Tripathi i/b.

Mr.C.K.Tripathi:- Advocate for Petitioner in both Writ Petitions.

Mr.P.S.Tiwari:- Advocate for Respondent in both Writ Petitions.

***** CORAM :

S. M. MODAK, J.

DATE :

4th DECEMBER 2024 P. C. :- 1.

Let, copies of this Petition be served on learned Advocate for the Respondents within seven (7) days from today. He is at liberty to file Vakalatnama, Affidavit-in-Reply, if he desires. Satish Sangar 1/2

2-WP-5240-2024+WP-5625-2024.doc 2.

The Plaintiff has closed the evidence and later on, he has filed a Chamber Summons for amendment of the plaint. It was disallowed by the trial Court on 17th February 2024. It is in L.C. Suit No.4340 of 2013. This order is challenged by way of Writ Petition No.5625 of 2024. There is an appearance for the Respondent by the learned Advocate.

3.

Whereas, Writ Petition No.5240 of 2024 is filed against the order refusing permission to the Plaintiff to give evidence in the same suit. On 14th November 2024, this Court has clarified the trial Court should not pass an adverse order till next date of listing of this Petition. The evidence of the Plaintiff is over and the Defendant has filed an Affidavit and the Plaintiff has started with the cross-examination. In the meantime, these two orders were passed.

4.

Let, the trial Court not to pass an adverse order till next date. Both the Petitions be fixed on 15th January 2025. To be listed "High on Board".

[S. M. MODAK, J.] Satish Sangar 2/2