Bapu Bhika Wani Died Thr Lr Pushpa Shantaram Wani Died Thr Lrs Anant Shntaram Wani Yawalkar And Oth v. Sitaram Dattu Rane Died Thr Lrs Hasnabai Alias Navsabai Sitaram Rane Died Through Lrs And Others

2024:BHC-AUG:21393-DB 916-WP-8573-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8573 OF 2024 BAPU BHIKA WANI DIED THR LR PUSHPA SHANTARAM WANI DIED THR LRS ANANT SHNTARAM WANI YAWALKAR AND OTH

VERSUS

SITARAM DATTU RANE DIED THR LRS HASNABAI ALIAS NAVSABAI SITARAM RANE DIED THROUGH LRS AND OTHERS ....

Mr. T. M. Venjane, Advocate h/f Mr. G. V. Wani, Advocate for the Petitioners ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 06.09.2024 PER COURT :- 1.

We have perused the report of the learned Civil Judge Junior Division, Yawal, in Regular Darkhast No.13 of 2001 (Old Darkhast No.38 of 1983). There can be no dispute that the Darkhast proceedings of 1983, are still pending. The learned Judge dealing with the Darkhast proceedings has taken charge on 10.06.2024, after the annual general transfer 2024. He has fairly stated in his report dated 31.08.2024, that he would make his best endeavour and give top priority to the matter for an early disposal.

(( 2 )) 916-WP-8573-2024 2.

In view of the above, we direct that the learned Judge would list the Darkhast proceedings at least on three dates in a week. The learned Advocates and the parties at issue, are directed not to seek unnecessary adjournments and if adjournments are sought on unreasonable or trivial grounds, the same can be rejected and even costs can be imposed.

3.

Let all the parties cooperate with the learned Judge, so as to conclude the Darkhast proceedings by 31.01.2025. Considering the record and the huge delay in concluding the proceedings, we also direct the parties, not to move an application for transfer of proceedings from the said Court.

4.

With the above directions, this Writ Petition is disposed off.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS