Allowed

Shri Vilas Manikchand Mutha and Anr. . v. Shri Ganpat Arjuna Yeole and Ors. .

Bombay HC24 Sept 2008WP/420/2001

Case brief

AI extract

What is this about?

The High Court, upon consent of parties via counsel, quashed the impugned orders of the Magistrate and District Judge. Proceedings under section 145 CrPC were dropped and status quo maintained for 8 weeks while parties were given liberty to seek civil remedies.

What did the court decide?

Orders of Magistrate and District Judge were quashed; proceedings under section 145 CrPC dropped; status quo ordered for 8 weeks.

Shri Vilas Manikchand Mutha and Anr. . Vs Shri… — Writ and Judicial Review | Bombay HC (2008)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

¶2

CRIMINAL WRIT PETITION NO.420 OF 2001.

¶3

Shri Vilas Manikchand Mutha & Anr... Petitioners.
versus

¶4

Shri Ganpat Arjuna Yeole & Ors... Respondents.
....

¶5

Mr.H.S.Venegavkar, for the Petitioners.
Mr.Venkatesh Shastri, for the Respondent No.1.
Mr. Y.M.Nakhwa, APP, for the Respondent-State.

¶6

CORAM : A.S.OKA, J. DATE : 24th September 2008.

¶7

P.C.:

¶8

1.Heard the learned counsel appearing for the
parties. The learned counsel for the petitioners and
the learned counsel appearing for the first and the
second respondents state that by consent, the orders
passed by the learned Magistrate as well as the Sessions
Court be quashed and set aside and the proceedings under
section 145 of the Code of Criminal Procedure, 1973 be
dropped with a liberty to the parties to approach the
Civil Court and to apply for and obtain appropriate
interim and/or final orders.

¶9

2.The suggestion made by the learned counsel
appearing for the parties on instructions of their
respective clients is reasonable. Hence, I pass the

¶10

: 2 :

¶11

following order :-

¶12

(1) The order dated 15th February 2001 passed by
the learned Third Additional District Judge,
Pune is quashed and set aside. The order dated
20th May 2000 passed by the Executive Magistrate
is also quashed and set aside and the
proceedings under section 145 of the said Code
of 1973 are ordered to be dropped.

¶13

(2) The petitioners and the second respondent
will maintain status-quo as of today for a
period of 8 weeks from today. In the meanwhile,
it will be open for both the parties to approach
Civil Court and apply for and obtain appropriate
interim/ final orders.

¶14

(3) All contentions of the parties on merits are
expressly kept open.

¶15

(4) Writ Petition is disposed of in above terms
with no orders as to costs.

¶16

(A.S.Oka,J)

Shri Vilas Manikchand Mutha and Anr. . v. Shri Ganpat Arjuna Yeole and Ors. .

Case brief

What is this about?

What did the court decide?

Shri Vilas Manikchand Mutha and Anr. . v. Shri Ganpat Arjuna Yeole and Ors. .

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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