M/S. Sachin Agarwal (H.U.F.) v. Shri Rajendra Namdev Patil And ORS.

906-wp344-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.344 OF 2017 M/s.Sachin Agarwal

...Petitioner

V/s.

Rajendra N. Patil & Ors.

...Respondents

Mr.S.M. Sabrad I/b Mr. Jeetendra Sachdev for the Respondent. Mr.U.P. Bobade I/b Mr.Mukesh Subramaniam with Mr.J.H. Ramugade and Ms.Priyanka Chandeliya for the Respondent Nos.1 to 7 and 9 to 13.

CORAM : R.D. DHANUKA, J.

DATE : 19TH OCTOBER, 2018.

P.C. :- 1.

This writ petition is arising out of of the order passed by the learned Trial Court as well as the Appellate Court refusing to grant interim relief in favour of the petitioner. This Court however, had granted interim relief on16th January, 2017 directing the respondent nos.1 to 15 not to create further interest in the suit property. The suit is of the year 2006. Some of the parties are senior citizens. 2.

In my view, the interest of justice would be met with if the hearing of the suit is expedited. Both the parties are directed to cooperate with each other and also with the learned Trial Court in disposing of the suit expeditiously.. Learned Trial Court shall make an 1/2

906-wp344-17.doc endeavor to dispose of the said suit within one year from the date of the communication of this order and shall not grant any unnecessary adjournment to any of the parties.

3.

Both the parties are directed to exchange the draft issues within one week from today. Learned Trial Judge shall frame the issues expeditiously and shall comply with the other formalities. 3.

The Writ Petition No.344 of 2027 is disposed of in aforesaid terms. It is made clear that this Court has not expressed any views on the merit of the matter. All the contentions of both the parties are kept open.

4.

Ad-interim relief granted by this Court on 16th January, 2017 to continue till the disposal of the said suit and for a period of two weeks from the date of communication of the order, if the same is adverse to the petitioner.

5.

All the parties as well as the learned Trial Judge to act on the authenticated copy of this order.

Vasant Anandrao Idhol Anandrao Idhol Date: 2018.10.22 17:45:41 +0530 (R.D. DHANUKA, J.) 2/2