Namdeo Patilba Pande Died Through Lrs Ramesh Namdeo Pande And Others v. Mandabai Bhimrao Mhaske Died Through Lrs Nirmala Bhimrao Bhise And Others

2024:BHC-AUG:21873 1 11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 WRIT PETITION NO. 10086 OF 2024 SHRIMANT ASARAM FALKE

VERSUS

MANDABAI BHIMRAO MHASKE DIED THROUGH LRS NIRMALA BHIMRAO BHISE AND OTHERS ...

Advocate for the Petitioner : Mr. Mahajan Sandeep Y. ...

WRIT PETITION NO. 10092 OF 2024 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18th SEPTEMBER, 2024 PER COURT:

1.

Heard.

2.

By the impugned order, the appellate court has only permitted the demarcation of the suit property in terms of the partition decree of the trial court and has further observed that there would be no handing over possession of the suit property during the pendency of the appeal till the disposal of the Exhibit 5 application. 3.

I see no error in the orders passed by the appellate court. However, I deem it appropriate to direct the appellate court to dispose of the Exhibit 5 application before it within six (06) months from the date of production of the order as the same is pending since 2016.

2 11 4.

With the observations as above, the impugned order is maintained in all it's entirety.

5.

Both the writ petitions are disposed of.

[ARUN R. PEDNEKER, J.] marathe