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Bombay High CourtWP/2405/2018disposed off

Bharatiya Kala Prasarini Sabha Ptr No. F/131/Pune Trhough Its Trustees v. Shri. Rajeev Baburao Takawale And ORS.

2018-03-15Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 921-wp-2405-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2405 OF 2018 Bharatiya Kala Prasarini Sabha & Ors..

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Petitioners V/s.

Rajeev Baburao Takawale & Ors.

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Respondents • Mr.Shirish V. Pitre for the Petitioners.

• Mr.Nitin Dalvi for Respondent Nos.1 to 4.

• Mr.A.R. Metkari, A.G.P. for Respondent Nos.5 & 6. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 15th MARCH, 2018.

P.C. :

1] Heard learned counsel for both the parties.

2] The alternate prayer which is made in this Writ Petition is the direction to the District Judge, Pune to either decide the stay Application, which is pending since August 2017, within a period of four weeks or to decide the Application No.654 of 2017 filed under Section 72 of the Maharashtra Public Trusts Act, 1950, on merits as expeditiously as possible and in any case, within a period of eight weeks.

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osk 921-wp-2405-2018.odt 3] In my considered opinion, having regard to the grievance raised that the stay application is pending since last more than 07 months, it would be appropriate to dispose of this Writ Petition by directing the learned District Judge, Pune to decide the stay application in Civil Application No.654 of 2017 as expeditiously as possible and within a period of 8 weeks from the receipt of this order or otherwise to decide the main Civil Application No.654 of 2017 itself on merits, as expeditiously as possible.

4] The Writ Petition is therefore disposed of in above terms. 5] All concerned parties to act on the basis of the authenticated copy of this order.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2