Bajrang Pandurang Desai And ANR. v. Namdeo Balu Chavan

1/2 7 WP 12744-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12744 OF 2018 Bajrang Pandurang Desai and anr .. Petitioners

Versus

Namdeo Balu Chavan .. Respondent ...

Mr. Pradeep D. Dalvi for the petitioners.

CORAM: BHARATI DANGRE, J.

DATED : 2nd DECEMBER 2021 P.C:- Heard learned counsel for the petitioners. The respondent though served long back has not put an appearance. The petitioner by the present Writ Petition has assailed the order passed in Miscellaneous Civil Appeal No. 8 of 2018, by which the Appeal is partly allowed and the impugned order passed by the learned Civil Judge in Regular Civil Suit No.22 of 1997 is partly set aside. By the impugned order, the defendant is restrained to cause obstruction in possession of the plaintiffs in land Gut No.332 admeasuring to the extent of 33.5 Are, situated towards western side. The said order continue to remain in force since 20th August 2018.

Tilak

2/2 7 WP 12744-18.doc In view of the aforesaid, I deem it expedient to expedite the proceedings in Regular Civil Suit No.22/2017 pending in the Court of Civil Judge, Jr. Division, Gargoti. Since the Suit is pending since 2018, I deem it expedient to grant a period of six months to the learned trial Court to conclude the proceedings in the said Suit with all the co-operation being rendered by both the parties.

With the aforesaid direction, the Writ Petition is disposed of.

Needless to state that till the culmination of the Suit, the order granted by the trial Court on 20th August 2018 shall continue to remain in force.

SMT. BHARATI DANGRE, J Tilak