Sunil Ramgopal Goyal v. Meenatai Manohar Hublikar And ORS

39.wp.12004.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12004 OF 2024 Sunil Ramgopal Goyal .. Petitioner

Versus

Meenatai Manohar Hublikar and Ors.

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

 Mr. S.R. Ronghe, Advocate for Petitioner.

 Ms. Meenatai Manohar Hublikar, Respondent No.1 in-person present.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 26, 2024.

P.C.:

1.

Heard Mr. Ronghe, learned Advocate for Petitioner and Ms. Hublikar, Respondent No.1 in-person.

2.

Mr. Ronghe, learned Advocate points out that despite specific order passed by this Court to dispose of Application below Exhibit "5", the learned Trial Court has passed status quo order in the interregnum on 03.08.2024 which is the subject matter of challenge in the present Writ Petition.

3.

I have heard this matter previously and I have also delineated and given directions to the parties to file their pleadings before the Trial court so that Application below Exhibit "5" can be decided by the Trial Court.

39.wp.12004.24.doc 4.

Today, Plaintiff who is Respondent No.1 is present in-person incidentally. She would inform the Court that Application below Exhibit "5" is being fixed for hearing on 29.08.2024 by the learned Trial Court. If that is the position, then the Trial Court is directed by this Court to decide Application below Exhibit "5" on 29.08.2024 so that the order of status quo dated 03.08.2024 would not affect either of the parties before me. In so far as the substantive rights of parties in the Suit property is concerned, learned Trial Court is directed by this Court to pass a speaking order after hearing both parties in the Application filed below Exhibit "5" strictly in accordance with law. 5.

It is clarified that this Court has not opined or given its imprimatur on any of the merits of the matter as also not gone into any facts of the present case.

6.

All contentions of both sides are expressly kept open. 7.

With the above directions, Writ Petition is allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.08.26 18:16:20 +0530 AJAY TRAMBAK UGALMUGALE