Allowed

Mrs. Meenal Shekhar Walhekar and Ors. v. Mrs. Deepali Pankaj Rane and Anr.

Bombay HC6 Oct 2021AO/248/2017

Case brief

AI extract

What is this about?

The High Court of Bombay observed that the underlying Special Civil Suit No. 693 of 2016 is pending for five years. In view of the consensus between counsel to decide merits early, the Court directed the trial court in Pune to expedite the suit and make every endeavor to dispose of it within one year from the date of receipt of the order. The appeal was disposed of without adjudication on merits.

What did the court decide?

Trial Court in Pune directed to expedite Special Civil Suit No. 693 of 2016 and dispose of it within one year. Appeal disposed of.

Mrs. Meenal Shekhar Walhekar and Ors. Vs Mrs… — Civil Procedure and Limitation | Bombay HC (2021)

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 4-Ao-248-2017

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Tandale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO. 248 OF 2017

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`1.`	`Mrs. Meenal Shekhar Walhekar`	`]`
`2.`	`Mrs. Kamini Mayur Walhekar &`	`]`
`3.`	`Mrs. Rupali Vishal Walhekar` `V/s.`	`]` `… Appellants` `[Org. Deft. Nos.2 to 4]`
`1.`	`Mrs. Deepali Pankaj Rane &`	`]`
`2.`	`Shri Suresh Dattu @ Dattatray More`	`]` `… Respondents` `[Org. Plaintiff &` `Org. Deft. No.1]`

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Mr. A.V. Anturkar, Senior Advocate i/b. Mr. Amol Gatne, Advocate for
Appellants.

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Mr. P.S. Dani, Senior Advocate i/b. Mr.C.R. Nagare for Respondent No.1.

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CORAM : A.S. GADKARI, J.
DATE : 6th October 2021.

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P.C. :

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1.Appellants have impugned Order dated 30th November, 2016

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passed below Exh.5 in Special Civil Suit No. 693 of 2016, by the learned Civil
Judge, Senior Division, Pune.

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2. During the course of arguments, both the learned senior counsel

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appearing for the respective parties expressed their consensus that, it is

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necessary that, the suit itself may be decided at an early date to crystallize the

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rights of Appellants (Org. Defendant Nos.2 to 4) and Respondents (Org.

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1/2

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Tandale 4-Ao-248-2017

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Plaintiff and Org. Defendant No.1). I find substance in their submission.

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3.The Special Civil Suit No.693 of 2016 is pending on the file of the
learned Civil Judge, Senior Division, Pune for last about five years for final
adjudication.

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In view thereof, the learned Civil Judge Senior Division, Pune
seized of Special Civil Suit No.693 of 2016, is hereby requested to expedite the
hearing of the said suit and to make an endevour to dispose it of within a
period of one year from the date of receipt of the present Order.

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4.It is clarified that, in view of the consensus reached by the learned
counsel for the respective parties, this Court has not dealt with the merits
involved in the present Appeal and/or the impugned Order.

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It is further clarified that, no party to the suit shall claim further
extension of interim relief granted by the Trial Court in the eventuality of
Appeal being filed by either of the parties after the final decision of the said
suit and the Appellate Court will consider the Application for interim relief in
the Appeal on its own merits.

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5. Appeal is disposed off in the aforesaid terms.

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6. Registrar (Judicial-I) is directed to communicate the present Order

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to the concerned.

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Digitally signed MANOJ R by MANOJ RTANDALE TANDALE Date: 2021.10.07 16:55:09 +0530

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Mrs. Meenal Shekhar Walhekar and Ors. v. Mrs. Deepali Pankaj Rane and Anr.

Case brief

What is this about?

What did the court decide?

Mrs. Meenal Shekhar Walhekar and Ors. v. Mrs. Deepali Pankaj Rane and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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