Utkarsha Shikshan Kala And Krida Mandal v. Utkarsha Co-Op. Housing Society And ORS

21-wp-4317-22 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 4317 OF 2022 Utkarsha Shikshan Kala and Krida Mandal ..Petitioner.

Versus

Utkarsha Co-Op. Housing Society & Ors.

..Respondents __________ Mr. S. M. Gorwadkar, Sr. Adv. i/b. Hemant Ghadigaonkar a/w. Ritvik Joshi for Petitioner.

Mr. A. P. Vanarse for Respondent No.1.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 2 MAY 2023 PC :

1.

The order dated 17/02/2023 records that, it was impressed upon Mr. Vanarase to convince the Respondent No.1 Society for carrying out the measurement by TILR/SILR. Shri. Vanarase informed the Court with some regret that he was unable to convince the Respondent No.1 Society for carrying out the measurement.

2.

In this view of the matter, learned Senior counsel appearing for the Petitioner submits that, if the directions are issued to the Trial Court to complete the trial within a time bound Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.05.03 14:43:36 +0530 VINOD BHASKAR GOKHALE

21-wp-4317-22 manner, then he will not press this petition. His request is that, all the questions be left open including appointment of the Commissioner for measurement, if it feels necessary by the Trial Court.

3.

Considering these submissions and also considering the fact that the suit is pending since 2018 and also taking into account the fact that the school children are being affected because of the dispute, the Trial Court is requested to complete the trial within a period of nine months from today. All the questions raised by both the sides are specifically left open including the possibility of appointment of the Commissioner for measurement if the Trial Court deems it fit.

4.

With these observations, the petition is disposed of as not pressed.

(SARANG V. KOTWAL, J.)