Surekha Gajanan Patil v. Draupadi Dimakhrao Patil And ANR

17.wp.13844.22.doc Ajay 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. 13844 OF 2022 Surekha Gajanan Patil ..Petitioner

Versus

Draupadi Dimakhrao Patil and Ors.

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

 Mr. Anilkumar K. Patil, Advocate for Petitioner.  Mr. Abhinandan Vagyani i/by Mr. Pankaj Kandhari, Advocate for Respondent Nos.1 to 3.

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

CORAM :MILIND N. JADHAV, J.

DATE :JANUARY 17, 2024.

P.C.:

1.

Heard Mr. Patil, learned Advocate for Petitioner and Mr. Vagyani, learned Advocate for Respondent Nos.1 to 3. 2.

With the able assistance of Mr. Patil and Mr. Vagyani, perused the impugned order passed below Exhibit "6" which is at Exhibit "E" - page No.45 of the Writ Petition dated 17.02.2022 read with the subsequent order dated 02.09.2022 which is at Exhibit "F" - page No.47 of the Writ Petition.

3.

The order dated 02.09.2022 has been passed by the Civil Judge, Senior Division, Sangli. It is the final order. The said order grants stay on execution of the probate dated 22.02.2020 in Misc. Civil Application No.236 of 2018.

17.wp.13844.22.doc 4.

In view of the above orders, no further clarification is required to be given by this Court as the interim order dated 17.02.2022 as also the final order dated 02.09.2022 are clear and unambiguous. Parties are directed to abide by the said orders in the interregnum.

5.

At the joint request of both the learned Advocates, the Civil Judge, Junior Division, Tasgaon is directed to dispose of the pending Regular Civil Suit No.172 of 2017 between the parties in accordance with law.

6.

In view of the above, a further direction is passed for directing the learned Civil Judge, Senior Division, Sangli to dispose of Misc. Civil Application No.53 of 2022 in accordance with law and preferably if possible within a period of eight weeks from today. 7.

It is clarified that this Court has not opined on the merits of the case of either party in this order and the learned Courts shall adjudicate the lis between the parties strictly in accordance with law. 8.

All contentions of both the parties are expressly kept open. 9.

With the above directions, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.01.17 19:27:27 +0530 AJAY TRAMBAK UGALMUGALE