Disposed

Promilla Satish Bharadwaj through Her Ca v. M/S Cash for Gold and Anr.

Bombay HC16 Aug 2018WP/7153/2018

Case brief

AI extract

What is this about?

Writ petition filed by a defendant seeking quashing of an interim injunction order allowing plaintiff's application. Court held that an alternative efficacious remedy of filing a Misc. Civil Appeal existed and allowed withdrawal of the petition without examining merits.

What did the court decide?

Petition allowed to be withdrawn with liberty as prayed. Meraits kept open.

Promilla Satish Bharadwaj through Her Ca Vs… — Civil Procedure and Limitation | Bombay HC (2018)

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902.WP.7153-18.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Writ Petition NO. 7153 OF 2018

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Promilla Satish Bharadwaj Through Her civil application Nitin Satish Bharadwaj ...Petitioner Versus M/s Cash For Gold And another ..Respondents

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Mr. Navid Y. Memon, Advocate for the Petitioner.

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CORAM : R. G. KETKAR, J.

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DATE : 16^th AUGUST, 2018

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P.C.

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Heard Mr.Navid Memon, learned counsel for the petitioner.

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This Petition takes exception to the order dated 21.3.2018

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passed by the learned Judge, Court Room No.38 of the Court of Small Causes at Mumbai (Bandra Branch) below Exhibit-10 in L.D. Suit No.9/2018. By that order, the learned trial Judge allowed the application Exhibit-10 filed by the respondent, hereinafter referred to as the 'plaintiff' and issued injunction restraining the petitioner, hereinafter referred to as the 'defendant', from obstructing or disturbing the possession of the plaintiff in respect of the suit premises till disposal of

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Digitally signed PradipkumarPrakashrao by PradipkumarPrakashraoDeshmane Deshmane Date: 2018.08.16 16:31:28 +0500

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902.WP.7153-18.doc

the suit or until further orders. The defendant is further restrained from creating any third party rights or interest in the suit premises till disposal of the suit or until further orders.

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Mr. Memon seeks permission to withdraw this Petition on the ground that against the impugned order Misc. Civil Appeal contemplated under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 is maintainable.

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In view thereof, as the petitioner has an equally efficacious alternate remedy, on the motion made by Mr. Memon, Petition is allowed to be withdrawn with liberty as prayed for and is disposed of as such. It is made clear that I have not examined merits of the case. All contentions of the parties on merits are expressly kept open. Order accordingly.

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(R. G. KETKAR, J.)

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Deshmane (PS)

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Promilla Satish Bharadwaj through Her Ca v. M/S Cash for Gold and Anr.

Case brief

What is this about?

What did the court decide?

Promilla Satish Bharadwaj through Her Ca v. M/S Cash for Gold and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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