Sou. Nalini @ Madhavi Madhukar Murkute vs Shri. Deepak Manohar Gaikwad And Ors on 27 January, 2020

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Bombay High Court

Sou. Nalini @ Madhavi Madhukar Murkute vs Shri. Deepak Manohar Gaikwad And Ors on 27 January, 2020

Bench: Revati Mohite Dere

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.10012 OF 2019

       Nalini @Madhavi Madhukar Murkute                                ...Petitioner
            Versus
       Deepak Manohar Gaikwad and Ors.                                 ...Respondents

       Mr. S. J. Chitale, for the Petitioner.

       Mr. V. R. Kasle i/b Ram and Co., for the Respondent Nos.9, 9(A) and 9(B).


                                       CORAM : REVATI MOHITE DERE, J.

DATE : 27th JANUARY, 2020 P.C. :

1. Heard learned counsel for the Petitioner.

2. By this Petition, the Petitioner has impugned the order dated 6 th June, 2019, passed by the learned Joint Civil Judge Senior Division, Pune, below Exhibit - 185, by which, the learned Judge allowed the Respondent No.8's (original defendant no.6) application for transposing her as a plaintiff, under Order XXIII Rule 1 of the Code of Civil Procedure.

3. Issue notice to the Respondents, returnable on 6th March, 2020.

Hamdast permitted. Mr. Kasle waives notice on behalf of Respondent ::: Uploaded on - 29/01/2020 ::: Downloaded on - 29/01/2020 21:09:54 ::: 2/2 7-wp.10012.2019.doc Nos.9, 9(A) and 9(B). In addition to the Court notice, Petitioner to serve the Respondents (except Respondent Nos.9, 9(A) and 9(B), by Advocate's notice and file affidavit of service before the returnable date.

4. Notice to indicate that an endeavour shall be made to dispose of the petition finally, at the stage of admission, even if none appears on behalf of the aforesaid respondents.

5. Learned Counsel for the Petitioner to supply spare copies in the Registry within one week from today, to enable the Registry to issue notice, failing which, the petition shall stand dismissed for non- prosecution, without further reference to the Court.

6. In the meantime, till the next date, there shall be ad-interim relief in terms of prayer clause (c ).

REVATI MOHITE DERE, J.

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