Shashikant Jaywant Shinde v. Mahesh Sambhajiraje Shinde

18-EP-30-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ELECTION PETITION NO.30 OF 2025 Shashikant Jaywant Shinde

...Petitioner

Versus

Mahesh Sambhajiraje Shinde & Ors.

...Respondents

Digitally signed by SONALI MILIND PATIL Date:

2025.05.06 09:57:25 +0530 SONALI MILIND PATIL Mr. Harshad Sathe i/b. Mr. Saurabh Butala, for the Petitioner. Mr. Vaibhav Gaikwad, for the Respondent No.1. Mr. Abhijit P. Kulkarni a/w. Mr. Abhishek Roy, for the Respondent Nos.2 and 3.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

5th MAY 2025 P. C.:

1.

Mr. Vaibhav Gaikwad, learned Counsel appearing for the Respondent No.1 states that written statement is ready and the same will be filed in the registry during the course of the day. 2.

However, Mr. Harshad Sathe, learned Counsel appearing for the Petitioner states that as per Order VIII, Rule 1 of Code of Civil Procedure, 1908 ("CPC"), written statement should have been filed within a period of 30 days and the maximum period is not later than 90 days from the date of service of summons. He states that as the written statement is being filed after a period of 30 days, the Sonali

18-EP-30-2025.DOC Respondent No.1 shall take out the Interim Application in terms of Order VIII, Rule 1 of the CPC.

3.

Mr. Vaibhav Gaikwad, learned Counsel appearing for the Respondent No.1 states that such application will be filed on or before 7th May 2025.

4.

Stand over to 8th May 2025. To be listed along with the Interim Application.

[MADHAV J. JAMDAR, J.] Sonali