Partly allowed

Mrs.Sheela Arun More v. Shri.Prakash Ramkrishna Vanarase

Bombay HC1 Mar 2024CAS/1082/2017

Case brief

AI extract

What is this about?

This court disposed of the second appeal and civil application based on a consensus between the parties. The impugned judgment was quashed, the matter remanded to the Appellate Court for a fresh decision within six months, and execution of the possession warrant stayed.

What did the court decide?

Impugned judgment quashed. Appeal remanded to District Judge, Pune for fresh decision within six months. Possession warrant stayed.

Mrs.Sheela Arun More Vs Shri.Prakash… — Civil Procedure and Limitation | Bombay HC (2024)

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rsk 8-SA-576-17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO.576 OF 2017 WITH

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CIVIL APPLICATION NO.1082 OF 2017

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Mrs.Sheela Arun More ...Appellant Versus Shri. Prakash Ramkrishna Vanarase ...Respondents

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Mr. J. M. Joshi for Appellant.

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Mr. Sandesh D. Patil a/w. Mr. Chintan Y. Shah i/b Ms. Anusha P. Amin for Respondent No.1.

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Ms. Sheela A. More Appellant in person.

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Mr. Prakash Vanarase present in person.

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CORAM : SHARMILA U. DESHMUKH, J. DATE : 1^st MARCH, 2024

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P. C. :

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After the appeal was argued for some time, learned counsel

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for the parties on instruction of the parties who are present in the Court arrived at consensus that the impugned judgment dated 6^th June 2017 be set aside and the appeal be remanded to the Appellate Court to be decided afresh in a time bound manner.

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In view of the consensus which has been arrived at between

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the parties, the impugned judgment 6^th June 2017 is hereby quashed and

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rsk 8-SA-576-17.doc

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set aside and Civil Appeal No.155/2017 is restored to file of the District Judge, Pune to be decided afresh. The parties to remain present before Appellate Court on 12^th March 2024. As the decree is of the year 2000 the Appellate Court is requested to decide the appeal expeditiously and in any event within a period of 6 months from appearance of the parties on 12^th March 2024. The parties are directed to co-operate with the adjudication of the Appeal and not to seek unnecessary adjournments. It is agreed that till the appeal is decided by the Appellate Court the possession warrant will not be executed.

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Second Appeal is disposed of in the above terms. Civil Application does not survive and is accordingly disposed of. Needless to clarify that the appeal is to be decided afresh without being influenced by the observations in the impugned judgment dated 6^th June 2017.

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(SHARMILA U. DESHMUKH, J. )

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Mrs.Sheela Arun More v. Shri.Prakash Ramkrishna Vanarase

Case brief

What is this about?

What did the court decide?

Mrs.Sheela Arun More v. Shri.Prakash Ramkrishna Vanarase

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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