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Bombay High CourtWP/3141/2023disposed off

Sudhakar Bapusaheb Gath Decd Thru Lhrs And ANR v. Shri. Ashok Mallu Terdale And ORS

2023-03-17Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

1 / 2 902-WP-3141-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3141 OF 2023 Sudhakar Bapurao Gath & Ors.

.... Petitioners versus Ashok Mallu Terdale & Ors.

.... Respondents .......

• Mr. P. D. Dalvi a/w Kedar P. Lad, Advocate for Petitioner. • Mr. Suresh M. Kamble, Advocate for Respondent No.3.

CORAM

: SARANG V. KOTWAL, J.

DATE : 17th MARCH, 2023 P.C. :

1.

The Petition is filed challenging the order dated 13/02/2023 passed by the District Judge-4, Kolhapur, in Misc. Civil Appeal No.12 of 2023 arising out of order dated 22/12/2022 passed by learned 5th Joint Civil Judge, Senior Division, Kolhapur, passed below Ex.5 and Ex.107 in Special Civil Suit No.161 of 2019. Learned counsel for Petitioner and learned counsel for contesting Respondent No.3 very fairly state Digitally signed by MANUSHREE V NESARIKAR Date:

2023.03.20 11:13:20 +0530 MANUSHREE V NESARIKAR that instead of inviting orders on merits, the Petition can be disposed of, if directions are issued to the Trial Court for Nesarikar

2 / 2 902-WP-3141-23.odt deciding the suit within a period of six months from today and in the meantime both the parties shall maintain status-quo. 2.

The submission of both the learned counsel is fair. Therefore, the Writ Petition is disposed of. The Trial Court is requested to complete the trial as far as possible within a period of six months from today. In the meantime, as submitted by learned counsel for Petitioner and learned counsel for contesting Respondent No.3, there shall be status-quo.

(SARANG V. KOTWAL, J.)