Rani Shankar Bansode v. Hanmant Sambhaji Zambare

{1} wp 2995.18.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2995 OF 2018 Rani w/o Shankar Bansode Petitioner versus Hanmant s/o Sambhaji Zambare Respondent ...

Mr.V.P. Latange, advocate for the petitioner Mr. V.D. Salunke, advocate for the respondent ...

CORAM : RAVINDRA V. GHUGE, JUDGE (Date : 20th March, 2019) PER COURT :- I have heard the learned Advocates for the respective parties.

Though Mr. Latange, learned Advocate strenuously criticizes the impugned order, it cannot be ignored that, after the suit preferred by the petitioner-plaintiff was lodged in 2012, Application Exhibit 5, seeking temporary injunction was rejected by the Trial Court on 6.2.2013. Miscellaneous Civil Appeal preferred by the petitioner-plaintiff was dismissed by the appellate Court vide Judgment dated 6.1.2018. There was no interim relief in favour of the plaintiff in the interregnum. Since the suit is about 7 years old and the oral evidence of the plaintiff has concluded, I deem it proper to dispose of this petition with certain directions.

{2} wp 2995.18.odt This petition is, therefore, disposed off.

The Trial court shall decide RCS No.497/2012 as expeditiously as possible and preferably on or before 29.2.2020. Needles to state, as he suit RCS No.158/08 filed by the respondent - defendant as a plaintiff, is said to have been clubbed along with RCS No.497/2012, both the suits should be decided together.

(RAVINDRA V. GHUGE), JUDGE vbd