This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
ca5727.13
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATION NO. 5727 OF 2013
WITH
CIVIL APPLICATION NO. 5728 OF 2013
IN
APPEAL FROM ORDER ST. NO. 5766 OF 2013
(Dadasaheb Bhausaheb Pathare Vs. Sugrabi died LRs. & Ors.)
Office Notes,Office MemorandaCourt's or Judge's orders
of Coram,appearances, Court's
orders or directions andCORAM : M.T. JOSHI,J.
Registrar's ordersDATED : 24.09.2013
Mr.Sandeep S. Deshmukh, Advocate for
the applicant.
Mr. Vijay Sharma, Advocate for
respondent Nos. 1A to 1D.
Mr.V.S. Bedre, Advocate for respondent
No.1.
1.Heard both sides. Learned
Counsel for the applicant submits that
in view of the fact that about 115
defendants are joined by the plaintiff
in the suit, though suit is of the year
2002, progress in the same is being
delayed and present applicant/appellant
is suffering of continuation of
temporary injunction for such long
period.
2 ca5727.13
2.In the circumstances, the
applicant may file application for
change in order under Rule 4, Order
XXXIX of C.P.C. for separation of trial
in case of mis-joinder of causes of
action.
3.With these observations, the
applicant is allowed to withdraw the
appeal from order as well as Civil
Applications for condonation of delay
and stay.
4.The Civil Applications and
Appeal from Order stand disposed of as
withdrawn.
snk /2013/SEP13/ca5727.13
Dadasaheb Bhausaheb Pathare
Sugrabi
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court