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A. K. MENON
Danu Rayu Fernandes – Appellant
Versus
Girbani Mazumdar – Respondent


Advocates Appeared:
Mr. Vibhav Rajiv Amonkar, Advocate for the Petitioners, for the Appellant; Mr. S.N. Joshi, Advocate for Respondent Nos. 3, 4 and 9. Ms. S. Dessai, Advocate holding for Mr. Sahish Mahambrey, Advocate for Respondent No. 5

JUDGMENT

1. The challenge in this Writ Petition is to an order dated 08.03.2022, whereby Exhibit D-109 was rejected. Mr. Joshi waives service on behalf of the contesting respondent nos. 3, 4 and 9 and Ms. Dessai waives service on behalf of respondent no. 5.

2. Considering that a short point is involved and since the contesting respondent nos. 3, 4 and 9 are represented today, this matter is taken up for final disposal at the stage of admission.

3. The learned Counsel for respondent nos. 3, 4 and 9 and Counsel for respondent no. 5 undertake to ensure that appearance is entered within one week from today. In the meanwhile, Mr. Joshi states that he has instructions to oppose the Application. Since the matter is taken up for final disposal, with the consent of all the parties appearing today, I issue Rule. Rule is made returnable forthwith. By consent, taken up for hearing and final disposal.

4. The order impugned was passed on the Application Exhibit D-109, seeking an adjournment which was rejected. The reason for seeking adjournment as set out in the Application is that the affidavit of evidence on behalf of the contesting respondents was served upon the petitioner on 06.03.2022, a Sunda

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