M/S Sneha Construction Thr. Partner Nandu A. Rajput v. Mahadev Laxman Barate

4.wp.6149.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6149 OF 2024 M/s. Sneha Construction, Through Partner Nandu A. Rajput ..

Petitioner (Orig. Plaintiff)

Versus

Mahadev Laxman Barate Respondent (Orig. Defendant) ..

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 Mr. Abhijit P. Kulkarni, Advocate for Petitioner.  Mr. Veerdhaval Kakade, Advocate for Respondent. ...................

CORAM :MILIND N. JADHAV, J.

DATE :MAY 03, 2024.

P.C.:

1.

Heard Mr. Kulkarni, learned Advocate for Petitioner and Mr. Kakade, learned Advocate for Respondent.

2.

Mr. Kulkarni, on instructions seeks withdrawal of the present Writ Petition. However, in the interest of justice he makes a request that Special Civil Suit No.436 of 2017 pending before the learned Trial Court be directed to be disposed of expeditiously. 3.

Mr. Kakade would submit that there are two other Writ Petitions filed by the Petitioner before the coordinate benches of this Court. Hence it is the Petitioner who is delaying the Suit proceedings. He prays for costs against the Petitioner. Since the Petition is withdrawn at the outset when being called out without arguing the same, I am not inclined to levy any costs.

4.wp.6149.24.doc 4.

In the interest of justice, the learned Trial Court is directed by this Court to determine Special Civil Suit No.436 of 2017 as expeditiously as possible and in any event within a period of 1 year from today strictly in accordance with law.

5.

All contentions of both the parties are expressly kept open. 6.

Writ Petition is disposed of as withdrawn.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2024.05.03 18:36:32 +0530 AJAY TRAMBAK UGALMUGALE