Jaysing Vithoba Girase Thr Its Spl Power Of Attorney Charansing Jaising Girase v. Pratapsing Vithoba Girase And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.1875 OF 2021 JAYSING VITHOBA GIRASE THR ITS SPL POWER OF ATTORNEY CHARANSING JAISING GIRASE

VERSUS

PRATAPSING VITHOBA GIRASE AND OTHERS ...

Advocate for Petitioner : Mr. Bhamre Manish V Final Disposal Notice to Resp.No. 1 is Served. ----- CORAM : PRITHVIRAJ K. CHAVAN , J.

DATE : 23rd MARCH, 2022.

PER COURT :- 1.

The petition can be disposed of finally at the stage of admission. Despite service, none for respondent. 2.

District Judge-6, Dhule refused to extend stay to the execution of the judgment and decree passed in RCS No. 35/2012 by Civil Judge, Junior Division, Shindkheda on the ground that there was no formal application seeking extension of stay by the petitioner. The learned Judge, inter alia, observed that the said application below Exhibit-34 is disposed of as infructuous.

3.

It is a matter of record that the petitioner, who is appellant before the District Judge, Dhule in Regular Civil Appeal No. 138/2017, has challenged the judgment and decree passed in a suit for partition dated 24th October, 2017. No fruitful purpose would be served by simply continuing the stay to the execution of the impugned judgment and decree, instead, the

(2) petition can be disposed of by directing the learned District Judge to expeditiously dispose of the appeal in accordance with law. In the above circumstances, following order is expedient, -

ORDER

i.

The impugned order passed below Exhibit-34 is quashed and set aside;

ii.

The learned District Judge shall make an endeavour to dispose of the appeal bearing Regular Civil Appeal No.138/2017 on merits in accordance with law within a period of four months.

iii.

Till disposal of the appeal, the impugned judgment and decree, in question shall be stayed. iv.

The petition stands disposed of in aforesaid terms.

( PRITHVIRAJ K. CHAVAN, J. ) BDV