Laxman Tulshiram Pawar, Lrs Chandrakant And Others v. Amrutrao Shankarrao Deshmukh And Others
{1} wp 4317.15.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.4317 OF 2015 Laxman Tulshiram Pawar since deceased through LRs
1. Chandrakant Laxman Pawar died Per Legal Heirs Jijabai Chandrakant Pawar and others Petitioners
Versus
Amrutrao Shankarrao Deshmukh & others Respondents Mr.S.W. Mundhe advocate for the petitioners _______ CORAM : R.M. BORDE & V.K. JADHAV, JJ Dated : 23rd April, 2015.
PER COURT :- Received report from District Judge-2 Ambajogai, in-charge District Judge -3 Ambajogai through the Principal District Judge, Beed.
It is revealed that R.C.A. No.69/2001 presented by the respondent herein before the District Judge, Ambajogai is pending. The appellant in the appeal, presented an application Exh.11, claiming stay to the Judgment, which came to be allowed.
{2} wp 4317.15.odt Thereafter, appellant presented a Contempt Petition at Exh.58 under section 10 of the Contempt of Courts Act. The appellant has presented yet another application Exh.91, for adding third party Mr. Shridhar Keshavacharya Patvardhan. Exhibit 93 is temporary injunction application presented by the appellant against the said proposed third party which is stated to be pending. Respondent No.2 has presented an application Exh.95 with a request to expedite the hearing of the matter. Exhibit 97 is an application presented by respondent, informing that respondent No.01/2 Chandrakant Laxman Pawar is died. Yet another contempt petition is presented at Exh.108 which is pending for consideration. All these applications are stated to be pending.
It does appear that, it is the appellant, who is instrumental in prolonging the matter. However, since 14 years have passed from the date of presentation of the appeal, the Appellate Court needs to be directed to take steps for expeditious disposal of the appeal.
The writ petition, as such stands disposed of with a direction to the District Judge, Ambajogai to decide the pending appeal together with all the pending applications, as expeditiously as possibly and preferably within a period of one year from today. (V.K. JADHAV, J) (R.M.BORDE, J) vbd