Shakirkhan Yasinkhan Qureshi And Another v. Sunita Rajendra Mahajan And Others

1 WP1577.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1577 OF 2019 Shakirkhan Yasinkhan Qureshi & anr.

.... Petitioners

Versus

Sunita Rajendra Mahajan .... Respondent .......

Appearance : - Mr H. P. Randhir, Advocate for the petitioners .......

CORAM : RAVINDRA V. GHUGE, J.

DATED : 23RD SEPTEMBER, 2019 PER COURT:- 1.

The petitioners are original defendants No. 6 & 7 in R.C.S. No. 12/2010. They seek to challenge the Judgment of the appellate Court dt. 08.08.2014, by which Misc. Civil Appeal No. 6/2013 has been dismissed and the temporary injunction order passed by the trial Court below Exh.6, has been sustained.

2.

The learned advocate for the petitioners submits in the alternative that, as the suit is pending recording of oral evidence of the plaintiff for the past two years and the plaintiff is only adjourning the proceedings, this Court may expedite the suit which is already nine years old.

2 WP1577.2019 3.

Having considered the above and having gone through the impugned Judgment of the appellate Court, I do not find that any interference is called for. This petition is, therefore, dismissed. 4.

Since the suit is of the year 2010 and the learned counsel for the petitioners submits, by placing reliance on the proceedingsheet of the trial Court that the plaintiff is not leading any oral evidence for two years, the trial Court shall decide R.C.S. No. 12/2010, as expeditiously as possible and preferably on or before 30.06.2020. Adjournments on unreasonable grounds shall be refused.

[ RAVINDRA V. GHUGE ] JUDGE psg