Petitioner approached the High Court aggrieved by a trial court order but was not a party to the underlying suit. The Court directed the Petitioner to approach the trial court first, leading to the dismissal of the Writ Petition.
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osk 917-wpst-2461-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO. 2461 OF 2018
Pune Housing and Area Development Board … Petitioner V/s. Netaji Co-operative Housing Society Ltd. & Anr. … Respondents
CORAM : DR.SHALINI PHANSALKAR-JOSHI, J. DATE : 10th APRIL, 2018.
P.C. :
1] Heard learned counsel for the Petitioner and learned counsel for Respondent No.1.
2] The Petitioner being aggrieved by the order dated 1st January 2018 passed by the Civil Judge, Junior Division, (PMC) Court, Pune, below the application at Exhibit-5 in Regular Civil Suit No.1509 of 2016 has come to this Court. However, as the Petitioner is not party to the said suit, it is desirable that, the Petitioner should approach the trial Court first, and thereafter, if required to this Court.
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osk 917-wpst-2461-2018.odt
3] In view thereof, learned counsel for the Petitioner makes a statement that, he will file the requisite application before the trial Court within seven days from today.
4] If any such application is filed, then the trial Court shall decide the said application as expeditiously as possible and preferably within one month therefrom in accordance with law.
5] With the above said direction, Writ Petition stands disposed of as withdrawn.
[DR.SHALINI PHANSALKAR-JOSHI, J.]
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Pune Housing and Area Development Board
Netaji Co-operative Housing Society Ltd.
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
