Ramesh Sukdeo Nemade v. Sureh Prabhakar Patil And Others

1 W.P. 1661/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION No. 1661 of 2019 Ramesh Sukhdeo Nemade

...Petitioner

VERSUS

Suresh Prabhyakar Patil and others

...Respondents

Mr. A.J. Patil, Advocate for petitioner CORAM : RAVINDRA V. GHUGE, J.

DATE : 24th June, 2019 PER COURT:

1.

The petitioner has preferred this petition seeking a direction to the learned Civil Judge (Junior Division), Raver, to decide application (Exh. 131) filed on 21st June, 2013 and the application - Misc. Civil Application No. 7 of 2012 filed on 19 th October, 2018. These two applications have been filed by the petitioner in his capacity as a third party making a grievance that an auction sale that took place on 18th January, 1985 was a result of a mistaken identity of an immovable property and though the petitioner was unconcerned with Special Civil Suit No. 53 of 1958, his property got sold in an auction sale owing to such mistaken identity. His grievance is that the learned Trial Court is

2 W.P. 1661/2019 not deciding these two pending applications.

2.

In view of the above, this petition is disposed off with a direction to the learned Civil Judge (Junior Division), Raver, to decide the above referred two applications filed by the petitioner, the third party, in accordance with law and after hearing all the sides, as expeditiously as possible and preferably, on or before 15th October, 2019.

3.

The learned Registrar (Judicial) of this Court is requested to convey this order to the learned Civil Judge (Junior Division), Raver, with utmost urgency.

( RAVINDRA V. GHUGE) JUDGE Madkar