Case Note & Summary
The petitioner, Kirtikumar Mansukhlal Badani, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging some order or proceeding in Regular Civil Suit No. 466/2012 pending before a trial court. The respondent is Smt. Shantabai Bhirulal Sharma. The court, upon hearing the petitioner's advocate, issued notice to the respondent returnable on 08.04.2015, directing service by Registered Post with Acknowledgement Due (R.P.A.D.) in addition to regular mode. The court also ordered that further proceedings in the suit shall remain stayed until the returnable date. The order was passed by Justice R.K. Deshpande on 25th February 2015. The judgment is brief and does not elaborate on the underlying dispute or legal issues beyond the procedural direction.
Headnote
A) Civil Procedure - Interim Stay - Stay of Suit Proceedings - Code of Civil Procedure, 1908, Order 39 Rules 1 and 2 - Petitioner sought stay of Regular Civil Suit No. 466/2012 pending before the trial court - Court issued notice to respondent and directed stay of further proceedings in the suit until returnable date - Held that interim protection is necessary to maintain status quo pending hearing (Para 1).
Issue of Consideration
Whether the proceedings of Regular Civil Suit No. 466/2012 should be stayed pending disposal of the writ petition.
Final Decision
Notice issued to respondent returnable on 08.04.2015; respondent to be served by R.P.A.D. in addition to regular mode; further proceedings of Regular Civil Suit No. 466/2012 stayed.
Law Points
- Interim stay
- Service of notice
- Regular mode of service
- R.P.A.D.
