Disposed
Janka Narayan Shirskar v. Ashok Narayan Talapalliwar and Ors.
Bombay HCWP/3671/2010
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COURT OF JUDICATURE AT BOMBAY APPELLATE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.3671 OF 2010
Janka N. Shiraskar v.
...Petitioner.
Ashok N. Talapalliwar (Goud) and Ors. ...Respondents.
Ms. Veena Thadhani, adv., for the petitioner. Mr. Dilip Bodake, adv. for the respondent nos.1 and 2. Shri S.D.Rayrikar, AGP for the Respondent No.3.
CORAM : J.H.Bhatia, J. DATE : 14th September, 2010
P.C.:
1 Trial Court in Regular Civil Suit No.106 of 2009 granted
interim relief in favour of the plaintiffs/respondents restraining the defendant from causing any obstruction in the management and possession of the plaintiffs in respect of country liquor shop. The order was passed on 6.1.2010. That order has been challenged by the defendant before the District Court in Civil Miscellaneous Appeal No.7 of 2010. In that appeal, the appellate Court refused to grant interim stay to the order of the trial Court. Being dissatisfied with that, original defendant has filed the present petition. The order passed by the trial
Court is in force since 6.1.2010 and the appellate Court refused to stay that order on 12.2.2010. Thus, the injunction order is in force against
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the petitioner since 6.1.2010. In view of these circumstances, following order will meet the ends of justice:
Miscellaneous Appeal No.7 of 2010 and dispose off the same as early
as possible and preferably within two months from the receipt of the order of this Court. All the points raised by the parties are left open to be decided by the appellate Court.
(J.H.BHATIA, J.)
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Janka N. Shiraskar
Ashok N. Talapalliwar (Goud)
J.H. Bhatia
As recorded by the court registry
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