Raja Stall Thro Its Partner Ravi Raja v. Dr V Shank5r And Orsors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4829 OF 2025 Raja Stall Through Its Partner Ravi Raja

...Petitioner

Versus

Dr. V. Shankar And Ors.

...Respondents

Mr. Vishwanath Patil a/w Pradip Patil, for the Petitioner Mr. G. S. Godbole, Senior Advocate i/b N. V Sanglikar, for the Respondents.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

19 JANUARY 2026 PC:- 1.

Heard Mr. Vishwanath Patil, learned Counsel appearing for the Petitioner and Mr. Girish Godbole, learned Senior Counsel appearing for the Respondents.

2.

By the present Civil Writ Petition, challenge is to the legality and validity of the Order dated 23rd January 2025 passed by learned Judge of the Small Causes Court, Mumbai below Exhibit-70 in R.A.D. Suit No.229 of 1984.

3.

After arguing the matter on two to three occasions, both Mr. Vishwanath Patil, learned Counsel for the Petitioner and Mr. Girish

Godbole, learned Senior Counsel, on instructions, submit that Writ petition be disposed of by consent and tender Minutes of Order. 4.

The Minutes of Order are signed by Mr. Vishwanath Patil, learned Counsel for the Petitioner and Ms. Sanglikar, learned Counsel for the Respondents. Accordingly, the said Minutes of Order are taken on record and marked "X" for identification. The Minutes of Order read as under:

5.

As the Minutes of Order specifically records that the same is without prejudice to the rights and contentions of both the parties, the Order can be passed in terms of the Minutes of Order. 6.

The Petitioner shall carry out the requisite amendment in the Plaint within a period of 2 weeks from today and serve the amended Plaint on the Respondents within 1 week thereafter. The Respondents shall file additional written statement, if any, within a period of 3 weeks after the service of amended Plaint on the Respondents.

7.

As the subject Suits are of the year 1984/1991, the learned Trial Court is requested to dispose of the same expeditiously on or before 30th April 2027.

8.

Accordingly, the impugned Order dated 23rd January, 2025 passed by learned Judge, Small Causes Court, Mumbai below Exhibit-70 in R.A.D. Suit No.229 of 1984, is quashed and set aside and the said Exhibit-70 Application filed in R.A.D. Suit No.229 of 1984 is disposed of in terms of the Minutes of Order and in above terms.

9.

Accordingly, the Writ petition is disposed of in above terms with no orders as to costs.

[MADHAV J. JAMDAR, J.] {