Manik Vishwanath Rodge And Others v. Shivaji Tukaram Rodge And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6639 OF 2014 Manik s/o Vishwanath Rodge & others Petitioners

Versus

Shivaji s/o Tukaram Rodge & others Respondents Mr. N.B. Khandare, advocate for petitioners.

Mr. R.B. Narwade Patil, advocate for respondent no. 1. Mr. M.P. Tripathi, advocate for respondent nos. 3 to 6. CORAM : R.M.BORDE, J.

DATE : 26th MARCH, 2018 PER COURT:

1.

Learned counsel for petitioners states that recording of evidence in the suit is over and the suit is posted for hearing of arguments of the parties.

2.

Instant petition raises challenge to the order in respect of appointment of Court Commissioner. The order impugned in the petition has been stayed since 01.08.2014. In the circumstances, the ends of justice would meet, by disposing of the writ petition with direction to the trial Court to decide pending suit expeditiously and by continuing interim order for further period which is operating since last more than three years. 3.

Writ petition stands disposed of with direction to the trial Court to decide the pending suit as expeditiously as possible, preferably within a period of three months from today and, it is

{2} wp6639-14.odt accordingly directed. Ad-interim relief granted by this Court on 01.08.2014 shall continue to operate until disposal of the suit. All contentions raised by the parties are specifically kept open for consideration of the trial Court.

R.M.BORDE JUDGE dyb