Mr. Nivrutti Ramji Mahale And ORS. v. Mr. Bhaskar Damu Mahale And ORS.

28.wp.7574.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7574 OF 2014 WITH WRIT PETITION NO. 7573 OF 2014 Mr Nivrutti Ramji Mahale & Ors.

...Petitioners

vs Mr Bhaskar Damu Mahale & Ors.

...Respondents

.....

Mr S.A.Ghaisas for the Petitioners in both matters. Ms Divya Parab I/b R.N.Gite for the Respondents. .....

CORAM : B.P.COLABAWALLA, J.

DECEMBER 12, 2018.

P.C. :

Both these Writ Petitions have been filed by the Petitioners. Writ Petition No. 7574 of 2014 challenges the orders dated 9th April, 2012 passed by the Trial Court in Regular Civil Suit No. 174 of 2012 and 4th July, 2014 passed by the Appellate Court in Miscellaneous Civil Appeal No. 56 of 2013. As far as Writ Petition No. 7573 of 2014 is concerned, the Petitioners challenge the Judgment and Order dated 9th April, 2012 passed by the Trial Court in Regular Civil Suit No.181 of 2012 and the order dated 4th July, 2014 passed by the Appellate Court in Miscellaneous Civil Appeal No. 57 of 2013. Pg 1 of 2

28.wp.7574.2014.doc Learned advocate appearing on behalf of the Petitioner submits that rather than challenging these orders on merits he would be satisfied if the trial of both the aforesaid suits, namely, Regular Civil Suit No. 181 of 2012 and Regular Civil Suit No.174 of 2012 are expedited and heard in a time bound manner.

Learned advocate appearing on behalf of the Respondents has no objection to this course of action.

In these circumstances, both these Writ Petitions are disposed of with a request to the Trial Court to hear both the aforesaid suits as expeditiously as possible and in any manner within a period of eighteen months from today. There shall be no order as to costs. Both the parties have agreed before me that neither of them shall seek any unnecessary adjournments before the Trial Court. The status-quo granted by this Court stands vacated. (B.P.COLABAWALLA, J.) Pg 2 of 2