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Bombay High Court

Lalji Khishi Gala And Ors vs Shashikala Pandurang Warange on 11 March, 2019

Author: R. G. Ketkar

Bench: Rajesh G. Ketkar

                                             1                               20-21.wp.923-19-gr

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                  WRIT PETITION NO.923 OF 2019
                         [Lalji K. Gala & Ors. Vs. Gajanan P. Warange]
                                 WITH
                     WRIT PETITION NO.928 OF 2019
                                 WITH
                WRIT PETITION [STAMP] NO.30792 OF 2018
                                 WITH
                WRIT PETITION [STAMP] NO.30793 OF 2018

Office Notes, Office         Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions
and Registrar's orders
                               Mr.R.M. Haridas, Advocate for Petitioners.

                               CORAM : R. G. KETKAR, J.

DATE : 11/03/2019 P.C.:

1. Writ Petition Nos.923/2019 & 928/2019 are on today's board. W.P. (Stamp) Nos.30792/2018 & 30793/2018 are not on board. At the request of Mr Haridas taken up on board and heard along with W.P. Nos.923/2019 & 928/2019.
2. Heard Mr.R.M. Haridas, learned Counsel for the petitioners in all the petitions.
3. Writ Petition No.923/2019 takes exception to the order dated 23.4.2018 passed by the learned trial Judge below Exhibit-20 in R.A.E. & R. Suit No.517/2015. Writ Petition No.928/2019 takes exception to the order dated 23.4.2018 passed by the learned trial Judge below Exhibit-20 in R.A.E. & R. Suit No.516/2015. Writ Petition (stamp) No.30792/2018 takes exception to the order dated 23.4.2018 passed by the learned trial Judge below Exhibit-20 in R.A.E. & R. Suit No.514/2015. Writ Petition (stamp) No.30793/2018 takes 1/2 ::: Uploaded on - 11/03/2019 ::: Downloaded on - 13/03/2019 01:35:15 :::

2 20-21.wp.923-19-gr exception to the order dated 23.4.2018 passed by the learned trial Judge below Exhibit-20 in R.A.E. & R. Suit No.515/2015. By these orders, the learned trial Judge rejected the applications Exhibit-20 made by the petitioners/plaintiffs in the suits against the respondents/defendants for withdrawal of the amount of rent deposited by the respondents/defendants in the trial Court vide order dated 8.2.2016 passed below Exhibit-15 in respective Suits.

4. Issue notice to the respondents in all the Petitions, returnable on 08.4.2019.

5. Notice to indicate that subject to time constraint and the convenience of the Court, Petitions will be disposed of finally on that date at the stage of admission. Notice shall further indicate that despite service, if the respondents fail to appear, the Court will proceed to decide the Petitions on its own merits.

6. It is made clear that this Court has not stayed the proceedings of the suits. Pendency of the petitions will not preclude the learned trial Judge from proceeding with the suits.

(R. G. KETKAR, J.) Deshmane(PS) 2/2 ::: Uploaded on - 11/03/2019 ::: Downloaded on - 13/03/2019 01:35:15 :::