Chandadevi Jagadish Salonkhe vs Surendra Shankar Jangam And Anr
2021 Latest Caselaw 3005 Bom

                                                                              (5) WP-9369-17.doc

BDP-SPS

   Bharat
   D.
   Pandit
  Digitally signed
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
  by Bharat D.
  Pandit
  Date:
  2021.02.16
  09:53:05 +0530




                                        WRIT PETITION NO. 9369 OF 2017

                     Chandadevi Jagadish Solonkhe                 ..... Petitioner.
                                  V/s
                     Surendra Shankar Jangam & Anr.               ..... Respondents.
                     -----
                     Mr.Drupad S. Patil a/w Mr. H.S. Khokhawala i/b Nankani Associates
                     for the Petitioner.
                     Mr. Sandeep S. Koregave for Respondent No.1.
                     Mr. Prashant P. Kulkarni for Respondent No.2.
                     -----
                                         CORAM: NITIN W. SAMBRE, J.

                                          DATE:     FEBRUARY 15, 2021
                     P.C.:-


                     1]       Mr. Drupad Patil, learned Counsel for the Petitioner submits that

even if the order passed below Exhibit-25 in RCS No. 126 of 2016 is

kept in abeyance till beginning of recording of cross-examination of

the Plaintiff, his purpose will be served.

2] The above submission appears to be based on catena of reported

judgments of this Court.

3] The learned Counsel for the Respondents submits that the order

will help the court in deciding the issue of encroachment which is

(5) WP-9369-17.doc

raised in the suit.

4] Be that as it may, Petition can be disposed of with the following

order.

5] The order passed below Exhibit-25 be not given effect to till

cross-examination of the Plaintiff commences in the suit referred to

above.

6] Petition stands disposed of accordingly.

( NITIN W. SAMBRE, J. )