Shivaji Dattatraya @ Dattu Mule vs. Subhash Uttareshwar Patane (Died) Through Lrs
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Sanjay Kishan Kaul, Hon'ble Vineet Saran
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed as withdrawn
Listed On:
27 Jan 2020
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
REVISED
ITEM NO.19 COURT NO.11 SECTION IX
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 2115-2116/2020
(Arising out of impugned final judgment and order dated 11-11-2019 in SA No. 76/2019 13-12-2019 in RPST No. 30439/2019 passed by the High Court Of Judicature At Bombay)
SHIVAJI DATTATRAYA @ DATTU MULE Petitioner(s)
VERSUS
SUBHASH UTTARESHWAR PATANE (DIED) THROUGH LRS. & ORS. Respondent(s) ( IA No.11512/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.11513/2020-EXEMPTION FROM FILING O.T. ) Date : 27-01-2020 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Ms. V.D. Makhija, Sr. Adv. Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Anshuman Singh, Adv. For Respondent(s) Mr. Abdulrahiman Tamboli, Adv. Mr. Rahul Joshi, AOR
UPON hearing the counsel the Court made the following O R D E R
Learned senior counsel for the petitioner after some arguments seeks to withdraw the Special Leave Petitions as she submits that the appropriate course of action for the petitioner would have been to move an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 before the trial Court which could have deciphered whether the petitioner had actually been served with the Summons or not.
The Special Leave Petitions are dismissed as withdrawn with liberty to the petitioner to take recourse to such remedy as may be available in law. Digitally signed by ASHA SUNDRIYAL Date: 2020.02.07 16:51:42 IST Reason: Signature Not Verified
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 2115-2116/2020
(Arising out of impugned final judgment and order dated 11-11-2019 in SA No. 76/2019 13-12-2019 in RPST No. 30439/2019 passed by the High Court Of Judicature At Bombay)
SHIVAJI DATTATRAYA @ DATTU MULE Petitioner(s)
VERSUS
SUBHASH UTTARESHWAR PATANE (DIED) THROUGH LRS. & ORS. Respondent(s) ( IA No.11512/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.11513/2020-EXEMPTION FROM FILING O.T. ) Date : 27-01-2020 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Ms. V.D. Makhija, Sr. Adv. Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Anshuman Singh, Adv. For Respondent(s) Mr. Abdulrahiman Tamboli, Adv. Mr. Rahul Joshi, AOR
UPON hearing the counsel the Court made the following O R D E R
Learned senior counsel for the petitioner after some arguments seeks to withdraw the Special Leave Petitions as she submits that the appropriate course of action for the petitioner would have been to move an application under Order X Rule XI of the Code of Civil Procedure, 1908 before the trial Court which could have deciphered whether the petitioner had actually been served with the Summons or not.
The Special Leave Petitions are dismissed as withdrawn with liberty to the petitioner to take recourse to such remedy as may be available in law.