Neera K Handa And Anr vs Morarji Hariram Deleted Since ...
2023 Latest Caselaw 6383 Bom

                                                       38. WP 15001-22.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 15001 OF 2022

 Neera K. Handa and Anr.                                ...Petitioner
        Vs.
 Morarji Hariram Deleted since deceased
 through LRS and Ors.                                   ... Respondents
                                   -----

Mr. Prashant G. Karande with Mr. Sudam S. Patil i/b Mr. Ajit S. Hodage for Petitioner.

Mr. Sanjay Jain with Mr. Chaitanya Sharma i/b L.J Law for Respondents No. 1(a) to 1(c).

-----

CORAM: ABHAY AHUJA J.

DATE : 5 JULY 2023

P.C. :

1. This matter has been substantially argued by the learned Counsel

for the parties. Considering that the controversy revolves around Section

10 of the Code of Civil Procedure, 1908 pursuant to which by the

impugned order in R.A.D. Suit No. 1227 of 2008 filed by the Petitioner,

has been stayed and that the First Appeal impugning the judgment and

decree by the City Civil Court declaring the Petitioner as trespasser has

been admitted and pending in this Court and an interim order directing

the Petitioner to deposit Rs. 12,000/- per month till the final disposal of

the said R.A.D. Suit No. 1227 of 2008 has been passed, list this matter on

23rd August, 2023 for final hearing at the stage of admission.

      Nikita Gadgil                                                                  1 of 2



                                                       38. WP 15001-22.odt

2. Learned Counsel are at liberty to circulate brief propositions and

supporting judgments by then.

                                               (ABHAY AHUJA, J.)




      Nikita Gadgil                                                                 2 of 2