Babita Shivaji Mitalkar v. Ananda Vyankaya Raherkar And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2584 OF 2021 Babita w/o Shivaji Mitalkar Petitioner

Versus

Ananda s/o Vyankaya Raherkar and another Respondents Mr.Ashish B. Shinde, advocate for the Petitioner. CORAM : V.K.JADHAV, J.

DATE : 09th February, 2021.

PC :

Heard.

Though the learned Counsel for the petitioner - original plaintif has vehemently submitted that after a gap of almost eight years the trial Court has set aside the ex parte order passed against the respondents herein, however, the suit is for partition and separate possession and respondent no.1 herein, who is 70 years of age, is the father and respondent no.2 - original defendant no.3, is the step brother. The suit is of the year 2011 but the trial is not yet commenced. In view of the same, I an not inclined to interfere in

{2} wp2584.21.odt the order passed by the trial Court.

Hence, the following order:

(i) Writ Petition is hereby dismissed.

(ii) The petitioner is at liberty to fle an application for expeditious hearing of the suit and upon fling of such application, the trial Court may consider it. (V.K.JADHAV) JUDGE adb