Ratnakar Kamal Kshirsagar And Anr vs Vijay Pundlik Zalte And Ors
2023 Latest Caselaw 9832 Bom

                                                                                 905-wp-11903-2023.doc


                       SA Pathan
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.11903 OF 2023

SHABNOOR
                       Ratnakar Kamal Kshirsagar & Anr               ... Petitioners
AYUB
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN
                                  V/s.
Date: 2023.09.21
15:57:44 +0530

                       Vijay Pundlik Zalte & Ors                     ... Respondents


                       Mr. Balasaheb Deshmukh, for petitioners.



                                                      CORAM    : AMIT BORKAR, J.

                                                      DATED    : SEPTEMBER 21, 2023
                       P.C.:

1. Issue notice for final disposal to respondents, returnable on 19 October 2023.

2. In view of judgment of Apex Court in the case of Union Of India vs Ibrahim Uddin & Anr, reported in (2012) 8 SCC 148, it was obligatory on the Appellate Court to decide such application at the time of final hearing of the appeal. Hence, the Appellate Court may proceed with the hearing of the appeal; however, considering request of the applicant for deciding application under Order 41, Rule 27 of the Code of Civil Procedure, 1908, it shall be open for the Appellate Court to decide such application afresh at the time of final arguments of the appeal.

(AMIT BORKAR, J.)