Motiram Sitaram Patil And Another v. Dilip Sakharam Patil And Others

WP 7348.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7348 OF 2015 ...

MOTIRAM SITARAM PATIL AND ANOTHER

VERSUS

DILIP SAKHARAM PATIL AND OTHERS ...

Advocate for Petitioners : Mr P S Paranjape Advocate for Respondent 1 : Mr A S Sawant ...

CORAM : V.K. JADHAV, J.

Dated: February 22, 2016 ...

PER COURT :- 1.

The Trial Court has decided the application at Exh.5 on 30.6.2014 and thereby rejected the application filed by the respondent no.1/plaintiff. Being aggrieved by the same, respondent no.1/plaintiff preferred Misc. Civil Appeal No.38 of 2014 before the District Court, Dhule. The learned District Judge-1, Dhule, by order dated 18.3.2015 allowed said Misc. Civil Appeal and set aside the order passed by the Trial Court below Exh.5 in RCS 62/2013 and accordingly allowed the application Exh.5. This Court has not granted any interim relief and writ petition is pending since then.

WP 7348.2015.odt 2.

Learned counsel appearing for the parties, on instructions, submits that, if the parties are directed to maintain the status-quo as on today, and, if the Trial Court is directed to dispose of the suit in a time bound manner, this writ petition can be disposed of. 3.

In view of this, following order is passed.

O R D E R

I.

Writ Petition is hereby partly allowed.

II.

Parties are directed to maintain the status-quo as on today, till the disposal of the Regular Civil Suit No.62 of 2013.

III.

The Trial Court is hereby directed to dispose of the Regular Civil Suit No.62 of 2013, within a period of SIX (06) MONTHS from the date of receipt of this order.

IV.

In the circumstances, there shall be no order as to costs.

V.

Writ Petition is disposed of accordingly.

( V.K. JADHAV, J. ) aaa/- ....