Shivdas Bhivsan Bharsakhle And Others v. Jijabai Ragunath Divekar And Others

1 4-WP-9122-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9122 OF 2014 SHIVDAS BHIVSAN BHARSAKHLE AND OTHERS

VERSUS

JIJABAI RAGUNATH DIVEKAR AND OTHERS ...

CORAM : MANJUSHA DESHPANDE, J.

DATE : 27th JANUARY, 2025 PER COURT :

1.

Perused the communication dated 09/01/2025, received from the 10th Joint Civil Judge, Junior Division, Aurangabad. In the said communication, further extension of six months is sought to dispose of R.C.S. No.2064/2012.

2.

This Court while disposing the matter on 06/10/2018, directed the trial Court to decide R.C.S. No.2064/2012 on or before 30/06/2019. Thereafter this Court by orders dated 16/11/2021, 22/04/2022, 13/10/2022 and 21/07/2023 had granted three months time and by order dated 19/01/2024 granted six months extension to dispose of the suit.

3.

In the communication dated 09/01/2025, the Joint Civil Judge, Junior Division, has stated that there are 4 plaintiffs and 33 defendants in the suit and it is taking considerable time due to various applications filed in the meanwhile by the parties, therefore, the suit could not be disposed of within time limit. According to SVH

2 4-WP-9122-14.odt him, he has taken charge on 10/06/2024 and thereafter he conducted the matter. He was not aware about the time limit in the said suit and only after receiving the inspection notes from the District Court, wherein it was directed that extension of time is to be obtained in the said suit, he got to know that the suit is required to be disposed of on or before 19/07/2024. Therefore, he is seeking extension of time to dispose of the suit.

4.

Considering the difÏculty as stated by the Joint Civil Judge, Junior Division, Aurangabad, by way of last chance, time is extended by three months to dispose of R.C.S. No.2064/2012, from the date of this order.

(MANJUSHA DESHPANDE, J.) SVH