Shrichand Thakurdas Motwani Since Dec Thr Heirs And Legal Representatives v. Mathurabai Khushaldas Kukreja Since Dec (Deleted)Thr Heirs And ORS
2025:BHC-AS:7044 15 wp 13880 of 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13880 OF 2024 Shrichand Thakurdas Motwani since deceased through heirs Kamal Srichand Motwani and Ors.
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Petitioners versus Mathurabai Khushaldas Kukreja deceased through legal heirs and Ors.
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Respondents Mr. Dnyaneshwar Deshmukh, for Petitioners.
CORAM: N.J.JAMADAR, J.
DATE :
12 FEBRUARY 2025 P.C.
1.
Heard the learned Counsel for the Petitioners. 2.
The Petitioners are aggrieved by the order dated 13 February 2024 passed by the learned Civil Judge, Jr. Division, Ulhasnagar, on an application (Exh. 274) preferred by the Defendant No.3 seeking correction in the order dated 8 February 1985 (Exh. 5), whereby the learned Civil Judge directed that the word 'original' appearing in line No.14 in paragraph No.4 of page No.3 of the order on Exh. 5 dt. 8 February 1985 be replaced by the words 'xerox copy'.
3.
A perusal of the impugned order indicates that the trial Court had perused the original record and description of the said document in the list of documents filed on behalf of the Plaintiff. In addition, the Court has noted that by order dated 10 January 2013, the Plaintiff was directed to produce the SSP 1/2
15 wp 13880 of 2024.doc original permit dated 27 February 1950 which has been referred to in the order dated 8 February 1985.
4.
Since the Trial Court has corrected its order on the basis of the record available with the Court, there is no propriety in entertaining the Petition in exercise of the writ jurisdiction.
5.
Learned Counsel for the Petitioners expressed an apprehension that the said corrected order may impair the rights of the Petitioners. 6.
It is trite, an order on an application for temporary injunction does not bear upon the final adjudication of the suit. 7.
With the aforesaid clarification, the Writ Petition stands dismissed. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 13/02/2025 14:42:29