Allowed

Veena Dushyant Malgonkar v. Vimlaben Gosalia and Anr.

Bombay HC25 Feb 2008WP/3569/2007

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed the writ petition. The court set aside an order dated 27.9.2006 and directed the trial Court to decide the preliminary issue to be decided in ignorance of the judgment of the court in Madhuri Prabhakar Patole Vs. Aruna Satishchandra Gaikwad, 2008(1) Bom.C.R.709.

What did the court decide?

Set aside the order dated 27.9.2006; directed trial Court to proceed to decide the preliminary issue; rendered ineffective the order dated 17.1.2007.

Veena Dushyant Malgonkar Vs Vimlaben Gosalia and Anr. — Specific Performance | Bombay HC (2008)

¶1

 FARAD CONTINUATION SHEET NO.:

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE SIDE

¶3

 WRIT PETITION NO.3569 OF 2007

¶4

 ------------------------------------:----------------------------------
 Office Notes, Office Memoranda of : Court’s or Judge’s orders.
 coram, appearances, Court’s orders :
 or directions and Registrar’s :
 orders. :

¶5

 ------------------------------------:-----------------------------------

¶6

 Ms.Asha M Bhambwani, for the petitioner.
 Mr RahulWalvekar i/by mr S.R.Ganbavale,
 for respondent nos 1 and 2.

¶7

 CORAM: D.B.Bhosale,J.
 DATED: 25.02.2008
P.C.:

¶8

 Heard learned counsel for the parties.

¶9

 Learned counsel for the parties have

¶10

 fairly stated that for allowing this petition
 I need not record reasons and they have
 agreed for the following order in view of the
 judgment of this court in Madhuri Prabhakar
 Patole Vs. Aruna Satishchandra Gaikwad,
 2008(1) Bom.C.R.709.

¶11

 The order dated 27.9.2006 passed below
 Exhibit-1 in Civil Suit No.451 of 2005 is set
 aside. In view of the order passed on the
 application at Exhibit-15 dated 7.2.2006, the

¶12

 trial Court shall proceed to decide the
 preliminary issue in view of the judgment of
 this Court in Madhuri Prabhakar Patole’s
 case. In the circumstances, the order dated
 17.1.2007 passed on the Application at
 Exhibit-34 renders ineffective. The writ
 petition is disposed of. All contentions of
 the parties are kept open. It is open for
 the petitioner to produce a copy of the order
 dated 13.12.2007 passed by the competent
 authority on Application No.27 of 2005 before
 the trial Court.

¶13

 While passing this order, I shall not be
 understood to have expressed any opinion on
 merits of the case and the trial Court shall
 deal with the preliminary issue on merits in
 accordance with law.

¶14

 (D.B.Bhosale, J.)

Veena Dushyant Malgonkar v. Vimlaben Gosalia and Anr.

Case brief

What is this about?

What did the court decide?

Veena Dushyant Malgonkar v. Vimlaben Gosalia and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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