Shri. Vijay Sadashiv Jagatap v. Sou. Mandabai Navnath Kanase And ORS.

5.wp.12486.17.doc HARSHADA H. SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO.12486 OF 2017 Vijay Sadashiv Jagtap .. Petitioner

Versus

Mandabai Navnath Kanase and Ors.

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

 Mr. Prasad Avhad i./by Mr. Kuldeep Nikam, Advocate for Petitioner ...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 20, 2023 P.C.

:

1. Heard Mr. Avhad, learned Advocate for Petitioner. 2.

At the outset, Mr. Avhad in his usual fairness has submitted that the present Writ Petition challenges two concurrent orders passed by the learned Trial Court below Exh.5 dated 12.01.2016 as well as the order passed by the learned Appellate Court in Miscellaneous Civil Appeal No.17 of 2016 dated 14.03.2017.

3.

The suit proceeding is of year 2015 and considering the aforementioned timeline and Writ Petition having been filed in the year 2017 and having been taken up for hearing today, he would submit that direction be given for the suit proceedings to be expedited. 4.

Considering the request made by Mr. Avhad, the following order is passed:-

5.wp.12486.17.doc (i) The learned Trial Court is directed to dispose of Regular Civil Suit No.19 of 2015 within a period of 12 months from today;

(ii) The learned Trial Court shall not be influenced by any observations and findings passed in the order below Exh. 5 and the order by the Appellate Court while upholding the said order which are impugned in the present petition; (iii) The learned Trial Court is directed not to grant unnecessary adjournments to parties unless it is absolutely necessary.

5.

With the above directions, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2023.02.23 10:58:13 +0530 RAVINDRA MOHAN AMBERKAR