Jaywant Sitaram Gujar And ORS v. Anil Sitaram Gujar And ORS

49-wp-10147-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10147 OF 2024 Jaywant Sitaram Gujar and Ors ... Petitioners vs.

Anil Sitaram Gujar and Ors ... Respondents Mr. Shailesh Chavan for Petitioners.

Mr. Rahul Rote i/b. Mr. P.B. Gujar for Respondent No.1. CORAM : GAURI GODSE, J.

DATED : 4th AUGUST 2025 ORDER:

1.

Learned counsel for the petitioners makes a grievance that despite the interim protection granted on 23rd June 2025, the trial court insisted on proceeding with the trial.

2.

In view of the specific order, passed on 23rd June 2025, I see no reason for the trial court to proceed with the trial. Instead of granting a stay to the entire proceeding, this court found it appropriate to defer the cross examination in the trial court. Such interim order enables the trial court to pass routine orders. 3.

Learned counsel for the petitioners submits that the petitioners have still to file affidavit of affidavit-in-chief. He submits Page no. 1 of 2

49-wp-10147-2024.doc that on 23rd June 2025, he was not aware that the affidavit of examination-in-chief was also not filed.

4.

Stand over to 1st December 2025. In view of the aforesaid submissions, the further proceedings in the suit shall remain stayed till the next date.

(GAURI GODSE, J.) Page no. 2 of 2