Vatsalabai Yashvantrao Chavan And Another v. Prabhakar Apparao Chavan

2024:BHC-AUG:4167 1 902

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO. 2051 OF 2024 VATSALABAI YASHVANTRAO CHAVAN AND ANOTHER

VERSUS

PRABHAKAR APPARAO CHAVAN ...

Advocate for the Petitioner :

Ms. Pallavi P. Wangikar h/f. Mr. Gore Ravindra Vitthal Advocate for Respondent : Mr. Dhananjay K. Thote ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23rd FEBRUARY, 2024 PER COURT:

1.

Heard.

2.

The learned counsel for the petitioners / defendants submits that the defence evidence is not yet over and that it would be pre-mature at this stage for the court commissioner to measure the property. He submits that in terms of the earlier order it could be only after the evidence of the defendants.

3.

In view of the submission canvassed by the learned counsel for the parties, the court commissioner to conduct the inspection after the evidence of defendants is over. The plaintiff / respondent has no serious objection, if, the inspection is conducted after the evidence of defendants.

2 902 4.

It is also brought to my notice by the learned counsel for the respondent that the trial in the matter is pending for a long period of time and prays for expeditious hearing of the suit. In view of the same, the suit along with counter claim is expedited and the trial court is directed to complete the suit as expeditiously as possible and, in any event, within a period of three (03) years from the date of receipt of the order.

5.

With the above observations, the writ petition is disposed of. [ARUN R. PEDNEKER, J.] marathe