Vinay Pande And Ors vs Satyanarayan Nandkishore Pande ...
2021 Latest Caselaw 5137 Bom

                                                                                  14.wp 1480.20.doc

         Digitally
                      Urmila Ingale
         signed by
Urmila   Urmila P.
P.
Ingle
         Ingle
         Date:
         2021.03.22
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         18:36:33
         +0530                                 CIVIL APPELLATE JURISDICTION


                                             WRIT PETITION NO. 1480 OF 2020


                              Mr.Vinay Pande and ors.                          ....Petitioners
                                    Vs.
                              Mr.Satyanarayan Nandkishore Pande and ors.       ..... Respondents




                              Mr.Dhiraj Mirajkar i/b Mr.Vikas Kapile, for the Petitioners.
                              Mr.Kirit Hakani a/w Ms.Niyati Hakani, for Respondent No.1.



                                                      CORAM :     M. S. KARNIK, J.

                                                        DATE :    22nd MARCH, 2021


                              P.C. :

                              .            It is pointed out by learned Counsel for Respondent

No.1 - original disputant that dispute itself is now fnally decided

by the judgment and award dated 12/03/2021. The order under

challenge in this Petition was an interlocutory order. Now that

the dispute itself is decided, the remedy for the Petitioner-

original Respondents No.2a & 2b if they are aggrieved by the

fnal judgment and award of the Co-operative Court No.IV would

be to fle a substantive Appeal before the Co-operative Appellate

Court. Even the issue as to whether the dispute is barred by

14.wp 1480.20.doc

limitation has been answered by Judgment and award.

2. In this view of the matter, the Appellate Court to

decide the Appeal on its own merits in accordance with law

without being infuenced by the observations made at the

interlocutory stage either in the order passed below Misc.

Application No. 11 of 2014 or the order passed thereon in

Revision which is impugned in this Petition.

3. All contentions which are the subject matter of the

order impugned in this Petition are left open to be decided in the

Appeal if any fled.

4. Writ Petition is disposed of.

(M.S.KARNIK, J.)