M.L. SANDBHOR Vs. SULOCHANA WALIMBE

JUDGEMENT

(1.) The present Writ Petition was heard on 1/12/2022. On 10/12/2022, the order allowing the Petition was uploaded on the website of the High Court without pronouncing the judgment.

(2.) Hence, on 23/12/2022, this Court was moved by an urgent Application filed by Mr. Kanetkar appearing on behalf of Respondent Nos.1a and 1b by bringing it to the notice of the Court that the judgment was not pronounced and on 10/12/2022 the final judgment was uploaded on the High Court website. He also made a further grievance that pursuant to the submissions made by both the learned Advocates, the counter claim filed by the Petitioners before the learned Trial Court in the year 2014 could never have been allowed in any event as allowing the same would virtually extinguish the period of limitation which is available to the Respondents and permit the Petitioners to maintain the counter claim and relate it from the date of inception of the suit / impleadment. He would submit that admittedly the suit proceedings are dispute proceedings bearing Dispute Application No.261 of 1997 filed at a much earlier point of time between the parties.

(3.) After considering the submissions of Mr. Kanetkar and perusing the final judgment which was uploaded inadvertently on the High Court website without being pronounced and also after hearing Mr. Tapkir on 23/12/2022, I passed the following order:-