Sunil Vana Patil v. The District Judge - 1 And Additional Sessions Judge Amalner And Others

2025:BHC-AUG:35634

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 2 WRIT PETITION NO. 8049 OF 2025 Sunil Vana Patil

VERSUS

The District Judge - 1 And Additional Sessions Judge Amalner And Others ...

Advocate for Petitioner : Mr. Patil Sandesh R. AGP for Respondents: Mr. A.M. Phule CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

Dated : December 15, 2025 PER COURT :- 1.

In view of our order dated 27.11.2025, the learned Adhoc District Judge-1 and Additional Sessions Judge, Amalner, District Jalgaon has filed the report. He has given the background as to why the LARs are still pending. The LARs are pending and there is a objector by name Nirmala Pandurang Patil, who claimed that the present petitioner and others have executed an agreement of sale in her favour and she has already filed RCS No.59 of 2012 before the Civil Judge J.D. Parola against the present petitioner and others for specific performance of contract. It is stated that during pendency of the said suit, the Central Government has acquired two portions of the aforesaid land for construction of National High Way. It is also stated in the report that the objector has taken

out an application Exhibit-40 in LAR no.20 of 2019 for staying the proceeding till the decision of the civil suit. It is then stated that the then Presiding Officer had allowed the application on 17.7.2023 thereby staying the proceeding of LAR No.20 of 2019 for six months with directions to the objector to co-operate the Civil Court to decide the Civil Suit for specific performance. The learned Judge has also stated that, if the parties are ready to co-operate then, he would decide the LARs within a period of six months. Upon query, the learned advocate for the petitioner submits that the petitioner had not challenged the order on Exhibit-40 in LAR No.20 of 2019.

2.

Thus, taking into consideration these circumstances, though in the alternate prayer it is not mentioned that the directions be given to the learned Civil Judge Junior Division, Parola to decide the RCS No.59 of 2012 within a stipulated period, since the matter is also more than 13 years old, we direct the learned Civil Judge Junior Division, Parola, District Jalgaon to decide the R.C.S. No.59 of 2012 within a period of six (6) months from today, for which the present petitioner should cooperate and after said decision of the suit, the

learned Adhoc District Judge-1 and Additional Sessions Judge, Amalner to decide the LAR No.2 of 2019 and LAR No.20 of 2019 within a period of four (4) months thereafter. 3.

With these directions, we dispose off the writ petition. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

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