Ujwala Bharat Lad v. Ramesh Gangadhar Thorat And Others

{1} wp5032-20.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5032 OF 2020 Ujwala Bharat Lad PETITIONER

VERSUS

Ramesh Gangadhar Thorat and Others RESPONDENTS .......

Mr. Rahul A. Tambe, Advocate for the petitioner Mr. P. J. Sagalgile h/f Mr. R. R. Karpe, Advocate for R-3 to 6 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 20 th JULY, 2023 ORDER :

1.

The petitioner is aggrieved by the order dated 12th March, 2020 passed by learned District Judge-1, Shrirampur below Exhibit-7 in Regular Civil Appeal No. 5 of 2020, thereby partly allowing the application.

2.

Having heard the learned advocates for the parties and on going through the memo of writ petition, annexues and the impugned order and since a substantive appeal filed by the respondents is pending before the learned District Judge, without going into the merits of the matter, the writ petition can be disposed of by directing the Appellate Court to dispose of the appeal within stipulated period.

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Considering the fact that the appeal is of the year 2020, learned District Judge-1, Shrirampur to decide the said appeal within one year from the date of receipt of writ of this order. 4.

Till final disposal of Regular Civil Appeal No. 5 of 2020 pending before District Judge-1, Shrirampur, the status quo order passed by this Court shall continue to operate. 5.

With aforesaid observations, the writ petition is disposed of.

6.

Needless to state that the appeal shall be decided on its own merits, without being influenced by the order passed below Exhibit-7.

[NITIN B. SURYAWANSHI] JUDGE drp/wp5032-20.doc