Shri. Sagar Ramu Ambi v. Shri. Sagar Yellapa Koli And ORS.

902-7368.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7368 OF 2015 Shri. Sagar Ramu Ambti ..Petitioner V/s.

Shri. Sagar Yellapa Koli & Ors.

..Respondents Mr. Surel S. Shah, Advocate for the Petitioner. Mr. P.M. Arjunwadkar, Advocate for the Respondents. CORAM : S.C. GUPTE, J.

DATED : 18 July, 2019.

P.C.

Heard learned Counsel for the parties.

2.

These two writ petitions, respectively, challenge two separate orders in miscellaneous civil appeals decided on 16 January 2015. The Respondents in these writ petitions have filed two suits, being R.C.S. No.133 of 2012 and R.C.S. No. 152 of 2012, respectively, seeking specific performance of an agreement for sale in their favour as also for declaration of a compromise said to be entered into between the parties as null and void and a perpetual injunction protecting the plaintiffs' possession. Miscellaneous civil applications taken out by the plaintiffs in the suits were rejected by the trial court. From those orders, appeals were carried by the Respondents. The Tauseef

902-7368.2015.doc appellate court held in favour of the Respondents and granted temporary injunction in favour of the Respondents. Those two orders are challenged in the present petition. It is submitted by learned Counsel for the parties that the writ petition may be disposed of by directing the trial court to expeditiously hear and dispose of the suits in a time bound manner. Accordingly, the writ petitions are disposed of by directing the Civil Judge, Junior Division, Karanj, to dispose of R.C.S. No. 133 of 2012 and R.C.S. No. 152 of 2012 and also R.C.S. No. 224 of 2012 pending before the Court as expeditiously as possible and preferably within one year from today. All rights and contentions of the parties on merits are kept open. In case these three suits are before different courts, they shall be clubbed together and tried before one court.

(S.C. GUPTE, J.) Tauseef