Surekha Chandrakant Upadhye And ... vs Smt. Kanchanmala Padmanna ...
2021 Latest Caselaw 933 Bom

                                                                   14.255.21 wpst.doc

ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                CIVIL APPELLATE JURISDICTION

                             WRIT PETITION (ST) NO. 255 OF 2021
                                           WITH
                             WRIT PETITION (ST) NO. 258 OF 2021


      Surekha C. Upadhye and others                               ....Petitioners

              V/s.

      Kanchanmala P. Upadhye                                      .....Respondents
      and others


      Mr. Surel S. Shah for the Petitioners


                               CORAM :   NITIN W. SAMBRE, J.

                               DATE:     JANUARY 14, 2021.

      P.C.:

      1]      Both these Petitions are by Defendant to Regular Civil Suit No.

      230 of 1999 which is for possession.




      2]      It is the case of the Petitioner-Defendant that when the Suit was

dismissed in default and the restoration Application was pending,

Petitioners transferred part of the suit property.

14.255.21 wpst.doc

3] In the backdrop of aforesaid factual matrix, instead of plaintiff

seeking relief of questioning the sale deed, in Appeals preferred by

the Petitioner against the Judgment and Decree passed in the Suit

and also dismissing the counterclaim, the Appellate Court without

any cause appears to have passed the impugned order below Exh. 1

i.e. Appeal by giving certain directions/liberties in favour of original

plaintiffs, which are not in accordance with law.

4] In that view of the matter, issue notice for fnal disposal,

returnable on 10/02/2021. In addition to Court notice, Petitioner is

at liberty to serve the Respondents by private notice by Registered

A.D./Speed Post and fle affdavit of service before the returnable

date..

5] If the service is not complete by the returnable date, Petitions

shall stand dismissed without further reference to the Court.

14.255.21 wpst.doc

6] Further proceedings in the Suit shall remain stayed.

[NITIN W. SAMBRE, J.]