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Bombay High CourtWP/19300/2024disposed off

Davi Bhusari Colony Nagrik Kruti Sangh Trust Throu. v. Shripatil Genu Mokate Decd Throu. Legal Heirs And ORS

2026-01-06Hon'Ble Shri Justice N. J. Jamadar2 pages

6 WP 19300.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19300 OF 2024 Davi Bhusari Colony Nagrik Kruti Sangh Trust Thr.

..Petitioner

Versus

Shripati Genu Mokate Decd Thr. Legal Heirs And Ors.

...Respondents

Mr. Tapan Thatte i/b. Ritvik Joshi, for petitioner. Mr. Hamid Mulla, AGP for Respondent Nos. 34 to 39.

CORAM:

N. J. JAMADAR, J.

DATE :

06th JANUARY 2026 P.C.:

1.

Heard the learned Counsel for the petitioner. 2.

The learned Counsel for petitioner, upon instructions, submits that, post the impugned order passed by the Trial Court dated 16th October, 2024, further orders have been passed SANTOSH SUBHASH KULKARNI Date: 2026.01.07 11:26:31 +0530 SANTOSH SUBHASH KULKARNI and the plaint has been rejected for non-compliance of the impugned order.

3.

In view of the aforesaid developments, the petitioner will have to pursue his remedies by filing an appeal against the order of rejection of the plaint, which amounts to a decree. 4.

The petition stands disposed with liberty to file an appeal against the impugned order.

1/2 SAINATH

6 WP 19300.24.DOC 5.

The time spent by the petitioner in prosecuting this petition may be accounted for under Section 14 of the Limitation Act, in the event the question of limitation arises. [N. J. JAMADAR, J.] 2/2 SAINATH