P.P Builders Sangli Throu. Its Partners v. Kashinath Ganesh Tamhankar

25wp17078-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17078 OF 2024 P.P Builders Sangli Throu. Its Partners ... Petitioner.

Versus

Kashinath Ganesh Tamhankar ... Respondents.

----- Mr. Mandar Limaye, Advocate for the Petitioner. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

November 26, 2024 P. C. :

1.

Heard.

2.

The Petitioner is aggrieved by the order dated 23rd August, 2024 passed by the Consumer Dispute Redressal Commission in Revision Petition No.13 of 2024 by which the order passed by the District Forum in Execution Proceeding of issuance of summons to the Respondents has been set aside.

3.

Mr. Limaye would submit that the original dispute was carried to the National Consumer Dispute Redressal Commission which directed the execution of correction deed by the parties within a period of 2 months failing which the amount of Rs.1000/- to be imposed. Execution Application was filed by the Petitioners as the Respondent had not come forward for execution of correction sa_mandawgad 1 of

25wp17078-24 deed and summons came to be issued as against which the Respondent approached the State Consumer Dispute Redressal Forum in Revision Application. He submits that the Revision Application was not maintainable and despite thereof the order of issuance of summons was quashed and set aside. 4.

Issue notice to the Respondents, returnable after a period of three weeks. In addition to Court notice, the Petitioner is permitted to serve Respondent by private notice by all permissible mode of service and to file affidavit of service before the next date. 5.

Stand over to 17th December, 2024.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 27/11/2024 11:23:07