Disposed

Vishwantah Vishnu Kulkarni Decd. through Lhr and Anr. v. Shrikant Krishnaji Kulkarni

Bombay HC5 Feb 2021IA/3303/2020

Case brief

AI extract

What is this about?

This interim application sought clarification on the operation period of interim relief granted in a writ petition. The court clarified that the relief would continue until the final disposal of the petition, unaffected by a subsequent order extending an adjournment.

What did the court decide?

Clarified that interim relief granted by order dated 22.2.2011 continues to operate till the final disposal of the writ petition.

Vishwantah Vishnu Kulkarni Decd. through Lhr and… — Writ and Judicial Review | Bombay HC (2021)

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16.IA(St.) 3303_2020.doc

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 Vidya Amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION (ST.) No. 3303 of 2020
IN
WRIT PETITION NO. 7937 of 2009

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Vishwanath V. Kulkarni (Since Decd)
through his Lrs. & Ors.… Applicants/Petitioners
vs.

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Shrikant Krishnaji Kulkarni… Respondent

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Mr. Rajesh S. Datar for the applicants/petitioners.

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CORAM :-G. S. KULKARNI, J.
DATE :-FEBRUARY 5, 2021

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PC :-

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1. By an order dated 22 February, 2011, this writ petition was

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admitted and interim relief came to be granted in terms of prayer clause

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(b). The said order reads thus:

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“In view of the judgment of Division Bench of this Court in Nilesh
Construction Company & Anr. vs. Gangubai w/o. Bablya
Choudhary & Ors. Reported in 1982 MH.L.J. 664 and of the
learned Single Judge in the case of Makbul Rasal alias Babalal vs.
Dastagir Dada Jamdar reported in 2003 I MLJ 353, issue Rule.

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 Upon hearing parties, interim relief in terms of prayer clause (b).”

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2. By this Application, a prayer is made seeking a clarification as to

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whether the interim relief which was granted by the said order dated 22

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February 2011 would remain restricted upto 31 October 2018by virtue

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of the order dated 3 October, 2018 passed by this Court (Coram : R.D.

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Page 1 of 2

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16.IA(St.) 3303_2020.doc

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Dhanuka, J.), which reads thus:

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“Due to paucity of time, stand over to 30/10/2018. Ad-interim relief if any to continue till then.”

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3.Perusal of the order dated 22 February, 2011 would clearly show
that the interim relief which was granted by this Court was to operate
till the final disposal of the Writ Petition. The order dated 3 October,
2018 in no manner has disturbed such position as put into operation by
the order dated 22 February, 2011.

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4.Accordingly, it is clarified that the interim relief granted by this
Court in terms of prayer clause (b) by the order dated 22 February,
2011 while admitting the writ petition, would continue to operate till
the final disposal of the petition.

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5. Interim Application is accordingly disposed of in the above terms.

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No costs.

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 (G. S. KULKARNI, J.)

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Digitally signed by Vidya Vidya S. S. AminDate: 2021.02.05 Amin 15:21:49+0530

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Page 2 of 2

Vishwantah Vishnu Kulkarni Decd. through Lhr and Anr. v. Shrikant Krishnaji Kulkarni

Case brief

What is this about?

What did the court decide?

Vishwantah Vishnu Kulkarni Decd. through Lhr and Anr. v. Shrikant Krishnaji Kulkarni

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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