Disposed

Nivruti Kashinath Zadake v. Ramchandra Sheshadri Kulkarni Died Thr Lrs Sitabai Ramchandra Kulkarni and Ors.

Bombay HC13 Jul 2012WP/5482/2012

Case brief

AI extract

What is this about?

Three writ petitions were disposed of based on a consensus by counsel to direct the District Judge to hear specified civil appeals on merits. The court refused to grant a stay on execution proceedings and emphasized that adjournments should not be granted unless there are extraordinary circumstances.

What did the court decide?

Direction to District Judge to hear Regular Civil Appeal Nos. 203, 204 and 205 of 2011 on 8th August, 2012 or within fifteen days thereafter and render final decision thereupon.

Nivruti Kashinath Zadake Vs Ramchandra… — Civil Procedure and Limitation | Bombay HC (2012)

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925-927 WP.5482.12 n 5495 n 5515.12

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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CIVIL APPELLATE JURISDICTION

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Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders

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Court’s or Judge’s orders

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WRIT PETITION NO. 5482 OF 2012

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NIVRUTI KASHINATH ZADAKE

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VERSUS

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RAMCHANDRA SHESHADRI KULKARNI DIED THR LRS SITABAI RAMCHANDRA KULKARNI AND ORS

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WITH

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WRIT PETITION NO. 5495 OF 2012

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KAMLAKAR BHAGWANRAO KULKARNI

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VERSUS

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RAMCHANDRA SHESHADRI KULKARNI DIED THR LRS SITABAI RAMCHANDRA KULKARNI AND ORS

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AND

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WRIT PETITION NO. 5515 OF 2012

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MANMOHAN JAGGANATH BIDADA

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VERSUS

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RAMCHANDRA SHESHADRI KULKARNI DIED THR LRS SITABAI RAMCHANDRA KULKARNI AND ORS

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Advocate for Petitioners : Bedre Vinayak Sudhakar. Advocate for Respondent Nos.2 : M.M.Patil (Beedkar).

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2 925-927 WP.5482.12 n 5495 n 5515.12

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CORAM : S.S. SHINDE, J. DATE : 13th July, 2012.

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P.C.

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. Heard the learned counsels appearing for the parties.

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2 All these three writ petition are arising out of the order dated 20th September, 2011 passed by the Civil Judge (Senior Division), Osmanabad in Regular Civil th Darkhast No.67 of 1980 and the order dated 17 February, 2012 passed by the District Judge – 1, Osmanabad below Exhibit – 5.

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3 After hearing the learned counsels for the parties for some tome, there is a consensus between the learned counsels appearing for the parties that, instead of adjudicating the controversy involved in these writ petitions on merits, the District Judge – 1, Osmanabad may be directed to hear and dispose of the Regular Civil Appeal Nos.203, 204 and 205 of 2011 on 8th August, 2012 itself or within fifteen days thereafter, on merits.

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4 In view of the consensus between the learned counsel appearing for the parties, the District Judge – 1, Osmanabad is directed to hear and decide the Regular Civil Appeal Nos.203, 204 and 205 of 2011 on 8th

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3 925-927 WP.5482.12 n 5495 n 5515.12

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August, 2012 or within fifteen days thereafter and render final decision thereupon.

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5 It is clarified that, this Court has not granted any stay to the execution proceedings.

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6 With the above directions to the District Judge – 1, Osmanabad, all the three writ petitions stand disposed of.

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7 It is made clear that, the concerned Court should not grant adjournment to either of the parties unless there is extraordinary circumstance to grant such adjournment.

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ndm

Nivruti Kashinath Zadake v. Ramchandra Sheshadri Kulkarni Died Thr Lrs Sitabai Ramchandra Kulkarni and Ors.

Case brief

What is this about?

What did the court decide?

Nivruti Kashinath Zadake v. Ramchandra Sheshadri Kulkarni Died Thr Lrs Sitabai Ramchandra Kulkarni and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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