Dismissed

Annapa Shankar Patil and Ors. v. Sonabai Shivba Sutar and Ors.

Bombay HC27 Jan 2023WP/620/2008

Case brief

AI extract

What is this about?

By consent order, the High Court quashed the impugned order dated 1st December 2007 in Miscellaneous Application No. 133 of 2006. The court condoned delay in filing the appeal and directed the District Judge to complete the hearing within three months, while staying the execution of the trial court decree pending the appeal.

What did the court decide?

Impugned order dated 1st December 2007 in Miscellaneous Application No. 133 of 2006 quashed; delay in filing appeal condoned; appeal to be disposed within three months.

Annapa Shankar Patil and Ors. Vs Sonabai… — Civil Procedure and Limitation | Bombay HC (2023)

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Rajeshri Aher 1 / 3 46 wp 620 of 2008.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.620 OF 2008

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Annapa Shankar Patil and Ors.… Petitioners/Orig.Defendants
Versus
Smt.Sonabai Shivba Sutar and Ors.… Respondents/Orig.Plaintiffs

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Mr.Sandesh D. Patil a/w. Anusha P. Amin and Mr.Prithviraj Gole,
Advocate for the Petitioners.

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Mr.Rajaram V. Bansode a/w. Ms.Sheetal M. Ubale, Advocate for the
Respondents.

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Smt.Sonabai Shivba Sutar, Respondent No.1, present in court.

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CORAM:RAJESH S PATIL, J.
DATED:27th JANUARY 2023

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P.C.:

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After the matter was argued for some time, the parties

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have agreed by consent that the impugned order dated 1st December
2007 passed by the District Judge–3 Kolhapur in Miscellaneous
Application No.133 of 2006 be quashed and set aside with a timeline
to District Court to dispose the Appeal, as Respondent No.1 is 81 years
old senior citizen.

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2Hence, by consent, the impugned judgment and order
dated December 2007 passed by District Judge–3 Kolhapur, in

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Rajeshri Aher 2 / 3 46 wp 620 of 2008.doc

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Miscellaneous Application No.133 of 2006, is quashed and set aside.

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3The delay in filing the Appeal before the District Court,
Kolhapur is condoned, by allowing the Miscellenous Civil Application
No.133 of 2006.

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4The District Judge–3 Kolhapur should hear the Appeal
after the same being numbered, on merits. The hearing of the Appeal
should be completed within a period of three months from the date of
receipt of this order.

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5All contentions of both the parties are kept open.

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6At this stage, advocate for the Petitioners states that
during the pendency of this writ petition, the execution of judgment
and decree passed by the trial Court dated 3rd April, 2004 was stayed.
In view of the same, the stay granted by this Court to the judgment
and decree dated 3rd April, 2004 is stayed till the disposal of the
Appeal by the District Court, Kolhapur.

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7Writ Petition, is accordingly, disposed of.

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Rajeshri Aher 3 / 3 46 wp 620 of 2008.doc

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8Parties to act on authenticated copy of this order.

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 (RAJESH S. PATIL, J.)

Annapa Shankar Patil and Ors. v. Sonabai Shivba Sutar and Ors.

Case brief

What is this about?

What did the court decide?

Annapa Shankar Patil and Ors. v. Sonabai Shivba Sutar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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