Sandeep Gopal Pednekar And ANR v. The Divisional Joint Registrar And ANR

(902) WPST 2585-19 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO. 2585 OF 2019 Sandeep Gopal Pednekar & Anr.

.. Petitioners Vs.

The Divisional Joint Registrar & Anr.

.. Respondents Mr. Rakesh Agrawal for the Petitioners.

Mr. C. D. Mali, AGP for Respondent Nos.1 & 2. Mr. Jayesh R. Vyas for Respondent Nos.3 to 11 & 14. CORAM : V. L. ACHLIYA, J.

DATE : 1 st MARCH, 2019.

P. C. :

1.

The challenge raised in the Petition refers to interim order dated 23.01.1999 passed by the Divisional Joint Registrar, Mumbai Division, Mumbai. By the impugned order, the learned Divisional Joint Registrar has stayed the order dated 05.11.2018 till next date of hearing and posted the matter till 04.04.2019.

2.

Since the Appeal is pending for adjudication before the Divisional Joint Registrar, the Petition can be conveniently disposed of with direction to decide the same expeditiously. Accordingly, the Divisional Joint Registrar is directed to finally hear and decide the Appeal as expeditiously as possible and preferably within 12 weeks w.e.f. 04.04.2019. 3.

The Petitioner will be at liberty to bring to the notice of the Divisional Joint Registrar that the order which is stayed already implemented before the date of passing of order and urged to vacate or suitably modify the 1/2

(902) WPST 2585-19 order. The Registrar may consider to pass appropriate order on the basis of factual position after hearing parties.

4.

It is expressly made clear that this Court has not examined the merit of case and all contentions raised are kept open to be raised and decided by appellate authority.

5.

The Petition is disposed of in above terms.

[V. L. ACHLIYA, J.] 2/2