Smt. Gangubai Laxman Bhoir (Decd) Through Lrs. v. Nijamuddin Badriddom Jalal (Decd) Through Lrs. And ORS
12.WP.7086.18.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 7086 OF 2018 Gangubai Laxman Bhoir (Since deceased through her legal heirs) Ramdas Laxman Bhoir and Ors. .. Petitioners
Versus
Nijamuddin Badriddom Jalal (Since deceased through legal heirs) Jahida Nijamuddin Jalal and Ors.
..Respondents ....................
Mr. Sanjay S. Patil for Petitioners Mr. Tushar Dahibawkar for Respondent Nos. 1 to 8 ...................
CORAM :MILIND N. JADHAV, J.
DATE :JANUARY 13, 2023.
P.C.
:
1. Heard learned Advocates for the respective parties for some time.
2. Record indicates that the original Exhibit-5 Application being R.C.S. No. 307 of 2016 taken out by the Petitioner was rejected by the learned Trial Court. The said rejection has been upheld by the learned District Judge. Two concurrent orders have been passed against the Petitioners.
3. Both the Advocates are ad-idem that if the Suit is proceeded with in a time bound manner it may enure to the benefit of both parties.
4. In so far as issue of possession is concerned, both parties submit that they are in possession of the suit property.
12.WP.7086.18.doc
5. Be that as it may, if both parties are in possession of the suit property, then status quo is directed to be maintained by the parties until the disposal of the suit.
6. By consent of both the learned Advocates, learned Trial Court is requested to dispose of Suit being R.C.S. No. 307 of 2016 which is pending on the record and file of the Trial Court within a period of one year from today in accordance with law. Learned Trial Court shall not grant any adjournment to the parties unless it is absolute necessary and adhere to the timeline given above.
7. Writ Petition disposed.
[ MILIND N. JADHAV, J. ] by SONALI SATISH KILAJE Date:
2023.01.13 19:41:44 +0530 SONALI SATISH KILAJE