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Bombay High CourtCA/5844/2018admittedallowedgrantedrule absolute

Vijaya Amrutrao Borse Through Gpa Shri. Amrut Pandurang Borse v. Parkash Sukhdeo Borse

2018-05-03Hon'Ble Shri Justice V.L. Achliya2 pages

932-CA-5844-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 5844 OF 2018 IN CIVIL APPLICATION NO.109 OF 2016 IN SECOND APPEAL ST. NO.38048 OF 2015 Smt. Vijaya W/o Amrut Borse ... Applicant.

Versus

Shri Prakash S/o Sukhdeo Borse ... Respondent.

....

Mr. Suresh P. Salgar, Advocate for the Applicant. ....

CORAM : V.L. ACHLIYA, J.

DATED : 03rd MAY, 2018 PER COURT:- 1.

By this application the applicant-original plaintiff has urged to extend the time fixed for disposal of Regular Civil Suit No.82/2004.

2.

In nutshell, it is the contention of the applicant that the order dated 16.06.2017 passed by this Court (Coram : N.W. Sambre, J.) directed the trial Court to decide the suit in expeditions manner and preferably within six months from the date of first appearance of the party. The trial Court has tried to decide the suit in time specified. However, the suit could not be decided with specified time as the record and proceedings was not received.

3.

In normal course, the request for extension of time must be

932-CA-5844-2018 received from the Court concerned. However, looking to the fact that the applicant has explained the cause i.e. late receipt of record and proceedings from this court, the application is allowed. Time provided for the disposal of the suit is extended till 31.08.2018.

4.

The Civil Application stands disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR