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Smt. Indirabai @ Ashatai Ramagounda Kalappagol v. Shri. Prakash Babaso Patil @ Mahalinge And ORS.

2024-01-09Hon'Ble Shri Justice Milind N. Jadhav2 pages

p9-as-wp-1825-2018.doc Vinaa Khadpe (P.S.) 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.1825 OF 2018 Smt. Indirabai @ Ashatai Ramgonda Kalapgol .. Petitioners

Versus

Prakash Babaso Patil and ors .. Respondents ....................

 Mr. Manoj A. Patil for the Petitioners.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 9, 2024 P.C.

:

1.

Not on Board. Mentioned. Taken on Board.

2.

This Writ Petition takes exception to the impugned order dated 1 April 2016 passed by the learned trial Court below exhibit 6 in Special Civil Suit No.47 of 2014.

3.

Mr. Patil has taken me through both orders passed in Application filed under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908 filed by the Plaintiffs and the judgment and order dated 15 July 2017 passed in Misc. Civil Appeal No.30 of 2016. 4.

I find that both orders are passed giving detailed reasons. Considering that the Suit has been filed in the year 2014, it would be inappropriate to reconsider the interim relief which has been granted by the trial Court in view of the pendency of the Suit. I find that reasoned orders have been delivered by both the learned Courts and it

p9-as-wp-1825-2018.doc would therefore be fit to direct the learned trial court to dispose of the Suit proceedings in Special Civil Suit No.47 of 2014 within a time bound program.

5.

In that view of the matter, the trial Court is requested by this Court to dispose of the proceedings in Special Civil Suit No.47 of 2014 within a period of 18 months from today. Both the orders dated 1 April 2016 and 15 July 2017 are sustained. Trial Court is directed to dispose of the pending Civil Suit as expeditiously as possible. 6.

With the above directions, Writ Petition is disposed. Vinaa Khadpe [ MILIND N. JADHAV, J. ] Digitally signed by VINA ARVIND KHADPE Date:

2024.01.09 18:25:01 +0530 VINA ARVIND KHADPE