The High Court of Bombay Bench at Aurangabad disposed of the writ petition, directing the trial court to decide an issue framed under Section 9A of the CPC independently from earlier impugned orders, relying on Apex Court precedents.
Writ Petition disposed; trial court directed to decide Section 9A CPC issue fresh.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 5617 OF 2017
SULTANA BEGUM SHAIKH YUSUF VERSUS CHANDEO RAMBHAU NARWADE
Advocate for Petitioner : Shri Shaikh Mujtaba Gulam Mustafa
CORAM : RAVINDRA V. GHUGE, J. Dated: October 03, 2017
PER COURT :-
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
2 - WRIT PETITION NO. 5617 OF 2017
the Honourable Apex Court in the matter of Foreshore Co-operative Housing Society Ltd. Vs. Praveen D.Desai [2015 6 SCC 412], the trial
Court shall decide the issue under Section 9A of the CPC and needless to state, shall neither be impressed nor influenced by the observations in the impugned orders dated 24.7.2014 and 7.3.2017. It is further clarified that these two orders would be subject to the decision of the
trial Court on Section 9A of the CPC.
5. Writ Petition is disposed off.
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Colour shows how this judgement treated each authority
Foreshore Co-operative Housing Society Ltd. Vs. Praveen D.DesaiExplained¶14
Foreshore Co-operative Housing Society Ltd. Vs. Praveen D.Desai [2015 6 SCC 412] · Who else cites this
Sultana Begum Shaikh Yusuf
Chandeo Rambhau Narwade
Ravindra V. Ghuge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
