Smt. Chandrakala Balkrishna ... vs Smt. Sharada Balkrishna Gundu And ...
2023 Latest Caselaw 10050 Bom

2023:BHC-AS:28698
                                                                                           906-cra-409-2022.doc


                             Nikita

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                          CIVIL REVISION APPLICATION NO.409 OF 2022


       NIKITA                Chandrakala Balkrishna Gundu                    ... Applicant
       KAILAS
       DARADE
      Digitally signed by
      NIKITA KAILAS
                                       V/s.
      DARADE
      Date: 2023.09.30
      10:26:33 +0530
                             Sharada Balkrishna Gundu and Ors.               ... Respondents


                             Mr. Mohankumar K. for the Applicant.
                             Mr. Ram Singh, a/w Mr. Ankur Jain, a/w Mr.P. Yadav
                             i/b C.B. Yadav for the Respondent.

                                                           CORAM      : AMIT BORKAR, J.

                                                           DATED      : SEPTEMBER 29, 2023
                             P.C.:

1. By consent of both the parties, following order is passed:

2. The impugned judgment and decree dated 12th February 2020 passed by City Civil Court Mumbai in Suit No.7956 of 2002 is quashed and set aside.

3. The proceedings are remanded back to the Trial Court. The Trial Court shall decided the suit on merits after re-hearing the plaintiff and defendants.

4. Hearing will start from the stage of arguments. The Trial Court shall decide the suit uninfluenced by observations made in the impugned order.

5. Considering the facts of the case, Trial Court is directed to

906-cra-409-2022.doc

decide the suit within six months from today.

6. Both the parties are directed to appear before the City Civil Court on 16th October 2023.

7. The civil revision application stands disposed of.

(AMIT BORKAR, J.)