Disposed

Shri Suresh Dattu Alias Dattatra More v. Smt. Deepali Pankaj Rane Alias Deepali Suresh More and Ors.

Bombay HC6 Oct 2021AO/679/2017

Case brief

AI extract

What is this about?

High Court of Bombay Civil Appellate Jurisdiction disposed of an appeal by expediting a pending Special Civil Suit before the Civil Judge, Pune, to be decided within one year. The court clarified it did not decide the merits of the appeal.

What did the court decide?

Trial Court requested to expedite hearing and dispose of Special Civil Suit No.693 of 2016 within one year.

Shri Suresh Dattu Alias Dattatra More Vs Smt… — Civil Procedure and Limitation | Bombay HC (2021)

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Tandale

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 4-Ao-679-2017

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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. 679 OF 2017

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`Shri Suresh Dattu alias Dattatray More` `V/s.`	`]`	`… Appellant` `(Org. Deft.No.1)`
`1. Smt. Deepali Pankaj Rane alias` `Deepali Suresh More`	`]` `]`
`2. Smt. Minal Shekhar Walhekar`	`]`
`3. Smt. Kamini Mayur Walhekar`	`]`
`4. Smt. Rupali Vishal Walhekar`	`]`	`… Respondents` `(Org. Plaintiff &` `Deft. Nos.2 to 4)`

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Mr. Amey Deshpande for Appellant.

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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 has impugned Order dated 30^th 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 counsel
appearing for the respective parties expressed their consensus that, it is
necessary that, the suit itself may be decided at an early date to crystallize the
rights of Appellant (Org. Defendant No.1) and Respondents (Org. Plaintiff and

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 4-Ao-679-2017

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Tandale

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Org. Defendant Nos.2 to 4). 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

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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

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Order to the concerned.

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[A.S. GADKARI, J.]

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Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date:2021.10.07 16:56:42 +0530

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Shri Suresh Dattu Alias Dattatra More v. Smt. Deepali Pankaj Rane Alias Deepali Suresh More and Ors.

Case brief

What is this about?

What did the court decide?

Shri Suresh Dattu Alias Dattatra More v. Smt. Deepali Pankaj Rane Alias Deepali Suresh More and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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