Pachan Meghaji Patel And Another v. Vinod Karamshi Patel And Others

1 20-AO-19-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 19 OF 2018 Pachan Meghaji Patel and another ....Appellants

Versus

Vinod Karmshi Patel and others

...Respondents

...

Mr. Vinayak S. Bedre, Advocate for appellants Mr. N.K. Kakade, Advocate for respondents ...

CORAM : SUNIL P. DESHMUKH, J.

DATED : 2nd APRIL, 2018.

Order :- 1.

Heard learned counsel for parties.

2.

The appeal from order has been moved against order dated 18-12-2017, on application Exhibit-5, in special civil suit No. 58 of 2017 passed by 2nd joint civil judge, senior division, Ahmednagar thereby putting restraints on respondents No. 1, 3 and 6 from alienating or creating third party interest in the suit properties till final disposal of the suit.

2.

This suit has been pending since 2017. In the circumstances, having regard to nature of order passed, it does not appear any interference is called for at this stage. Defendant No. 1 is 98 years old. The parties in the circumstances, suggest that suit itself be directed to be taken up for expeditious disposal.

2 20-AO-19-18 3.

In view of the same, appeal from order has not been entertained. Trial court to proceed with the suit and dispose of the same, as expeditiously, as possible preferably, within a period of six months from the date of receipt of writ of this order. Parties to co-operate expeditious disposal of the proceeding. It is made clear that this order in appeal from order and interim order passed on Exhibit-5 by trial court are orders of interlocutory nature and would not affect in any way merits of the case. 4.

The appeal from order stands disposed of in aforesaid terms.

[ SUNIL P. DESHMUKH ] JUDGE MTK.