Disposed

Mangal Mahavir Kempwade v. Babasaheb Shankar Herwade and Anr.

Bombay HC20 Apr 2010WP/9430/2009

Case brief

AI extract

What is this about?

Petitioner seeks disposal by consent. Court disposes of writ petition by quashing and restoring a trial court application and remanding decision to the trial court to act expeditiously.

What did the court decide?

Quashed order dated 18th January 2008 passed by the trial court on application at Exhibit-53. Application restored to trial Court file for fresh disposal by 31st July 2010. Contentions on merits kept

Mangal Mahavir Kempwade Vs Babasaheb Shankar… — Civil Procedure and Limitation | Bombay HC (2010)

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ssp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
 WRIT PETITION NO.9430 OF 2009

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Mrs.Mangal Mahavir Kempwade

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...Petitioner

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vs.

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Babasaheb Shankar Herwade & Anr.

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...Respondents

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Mr.Rahul Kulkarni for the petitioner
Mr.N.Y.Chavan for respondent no.1
Mr.Pralhad Praranjape for respondent no.2

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P.C.:

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1 Heard the learned counsel for the parties. The
learned counsel for the parties agree that the petition
be disposed of by consent without assigning any reasons.
By consent of the parties, the petition is disposed of by
passing the following order :

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i)The order dated 18th January 2008 passed by the
trial Court on application at Exhibit-53 is quashed
and set aside and the said application is restored
to the file of the trial Court.

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ii)It will be open for the petitioner to file a reply
to the said application and to contest the said
application.

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iii)The said application at Exhibit-53 shall be
decided afresh by the trial Court as expeditiously
as possible and in any event on or before 31st July
2010. Till the disposal of the said application,
order dated 25thSeptember 2009 passed below
application at Exhibit-14 in Regular Darkhast no.7
of 2008 will remain in abeyance.

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iv)The executing Court will pass further order on the

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said application at Exh.14 depending upon the
outcome of the application at Exhibit-53.

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v) All contentions of the parties on merits of the application at Exhibit-53 are kept open.

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vi)Writ Petition is disposed of in above terms.

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 JUDGE

Mangal Mahavir Kempwade v. Babasaheb Shankar Herwade and Anr.

Case brief

What is this about?

What did the court decide?

Mangal Mahavir Kempwade v. Babasaheb Shankar Herwade and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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