Writ petition challenging an order in a pending civil suit. After the petitioner undertook to comply with the court's earlier order and complete remaining witness action within two months, the impugned order was sustained and the petition was disposed of.
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18.WP.444.2024.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.444 OF 2024
Mohan Mahadev Mali .. Petitioner
Versus Prabhakar Mahadev Mali (since deceased) through legal heirs Vaijayanti Prabhakar Mali and Ors. .. Respondents
CORAM : MILIND N. JADHAV, J. DATE : JANUARY 16, 2024
P.C.:
1. Heard Mr. Rajput, learned Advocate for Petitioner.
2. At the outset after hearing Mr. Rajput, learned Advocate appearing for the Petitioner and perusing the impugned order dated 25.08.2023 passed below Exhibit-293 in Regular Civil Suit No.1 of 2000 I expressed my mind to dismiss the present Writ Petition with exemplary costs. Mr. Rajput urged the Court to keep the matter back to seek instructions from the Petitioner as to whether he would comply with the substantive order dated 16.06.2023 passed by this Court (Coram : Sandeep V. Marne, J) in Writ Petition No.9023 of 2022 and various directions given therein in the order.
3. Instructions have now been obtained by Mr. Rajput and he would submit that order dated 16.06.2023 shall be complied with fully in letter and spirit without raising any further grievance by the
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18.WP.444.2024.doc
Petitioner. He has also obtained instructions and would inform the Court that the remaining trial / cross-examination / witness action shall be completed as directed by the Court in the order dated 16.06.2023 within a period of two months from today.
4. In view of the above, the order dated 25.08.2023 is sustained subject to following the aforementioned directions and the learned Trial Court shall permit the Petitioner to comply with the order dated 16.06.2023 and complete the witness action.
5. Writ Petition is disposed.
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2024.01.17 16:34:26 +0530
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Mohan Mahadev Mali
Prabhakar Mahadev Mali (since deceased) through legal heirs Vaijayanti Prabhakar Mali and Ors.
Milind N. Jadhav
As recorded by the court registry
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