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Bombay High CourtWP/4468/2023disposed off

Dwarkabai Alias Shalan Sahebrao Shinde Through Gpa Holder Uttam Shamrao Shinde v. Manik Dagaduji Barguje Since Deceased Kausabai Manik Barguje Since Deceased And Others

2025-12-11Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

2025:BHC-AUG:35523 1 965.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 WRIT PETITION NO. 4468 OF 2023 DWARKABAI ALIAS SHALAN SAHEBRAO SHINDE THROUGH GPA HOLDER UTTAM SHAMRAO SHINDE

VERSUS

MANIK DAGADUJI BARGUJE SINCE DECEASED KAUSABAI MANIK BARGUJE SINCE DECEASED AND OTHERS ...

Advocate for the Petitioner : Mr. P.J. Sagalgile h/f. Mr. Rahul R. Karpe AGP for Respondent/State : Mr. R.B. Dhaware Advocate for Respondent No.3 and 4 : Mr. Palodkar Devdatt P ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 11.12.2025 PER COURT :

.

Heard learned counsel for respective sides.

2.

The petitioner challenges the order dated 23.01.2023 passed below Exh.34 by the learned District Judge-2 Shrigonda in Misc. Civil Appeal No.99 of 2019.

3.

This Court on 19.04.2023 granted interim relief in terms of prayer clause (C) whereby the order dated 23.01.2023 passed by the appellate court was stayed and further proceedings in R.C.S.No.28 of 2017 were also stayed.

4.

As the suit is of the year 2017, both the counsels submitted that if this Court directs the trial court to decide the suit within stipulated time, this petition can be disposed off.

2 965.doc 5.

Therefore, without going into merits of the matter, purpose would be served if trial court is directed to decide the suit within a stipulated period.

6.

In view thereof, the Writ Petition is disposed of. The trial court is directed to decide the suit within a period of one year from today. 7.

Till the trial court decides the suit, parties to maintain status-quo as on today. The interim order dated 19.04.2023 passed by this Court shall continue to be in operation till the decision of suit. 8.

The trial court to decide the suit on its own merits without being influenced by the interim order passed by this or by the order of appellate court.

( SIDDHESHWAR S. THOMBRE, J.) vsj..