Gojatbai @ Kalpana Bansilal. v. Sakwarbai Daga Patil (L.Rs.)Vishwas And Others.

*1* 226wp2078o96

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2078 OF 1996 GOJATBAI @ KALPANA BANSILAL.

VERSUS

SAKWARBAI DAGA PATIL (L.RS.) VISHWAS & OTHERS. ...

Advocate for the Petitioner : Shri Yogesh B. Bolkar h/f Shri R.B.Raghuwanshi.

Advocate for the Respondents : Shri N B Suryawanshi. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 11th December, 2017 Per Court :

I have heard the learned Advocates for the respective sides. This petition was originally instituted at Mumbai bearing Writ Petition No.2612/1992. While admitting the petition on 09.11.1994, interim relief in terms of prayer clause (c) was granted, which reads as under:- "(c) that pending the hearing and final disposal of the present petition this Hon'ble Court be pleased to stay the hearing and all further proceedings of Regular Civil Suit No.393/1987 pending on the file of Civil Judge, S.D., Dhule."

The impugned order dated 21.02.1992 below Exhibit-40 in RCS No.393/1987 reads as under:-

*2* 226wp2078o96 "The application is presented within time after the death of defendant No.1 and in my opinion, say of other side (illegible). Hence application is allowed." I find that, on account of the interim order dated 09.11.1994, RCS No.393/1987 pending on the file of the learned Civil Judge, Senior Division, Dhule has been stayed. The said relief is operating for the past 23 years.

Considering the above, this Writ Petition is disposed of with the following directions :- (a) The Trial Court is directed to decide RCS No.393/1987 as expeditiously as possible and preferably on or before 30.06.2018, if not already decided.

(b) Needless to state, all the contentions of the litigating sides are kept open.

Rule is discharged.

kps (RAVINDRA V. GHUGE, J.)