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Bombay High CourtWP/6150/2019disposed offdismissed for default

Ashok Sadashiv Tawarawala And Others v. Ashok Gangaram Navkar And Another

2019-11-05Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6150 OF 2019 ASHOK SADASHIV TAWARAWALA AND OTHERS

VERSUS

ASHOK GANGARAM NAVKAR AND ANOTHER Mr.S.B.Bhapkar, Advocate for the petitioners. ( CORAM : Ravindra V.Ghuge, J.) DATE : 05/11/2019 PER COURT :

1.

The petitioners/original plaintiffs in RCS No.334/2016 are aggrieved by the interlocutory order passed by the Trial Court dated 15/12/2016 thereby refusing temporary injunction to the petitioners. They are also aggrieved by the judgment and order dated 27/07/2018 delivered by the Appellate Court, by which their Misc.Civil Appeal No.4/2017 has been dismissed. 2.

I have considered the strenuous submissions of the learned Advocate for the petitioners and have gone through the 7 grounds formulated in the memo of the petition. I have considered the impugned orders.

khs/Nov.2019/6150

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Considering the above and the fact that the suit is of 2016, I deem it appropriate to expedite the suit so that the trial in the pending suit would be concluded, since I do not find that the impugned orders would call for any interference. The plaintiffs are without any protection ever since the lodging of the suit. 4.

In view of the above, this petition is disposed off. The Trial Court would endeavour to decide RCS No.334/2016 as expeditiously as possible and preferably on or before 31/12/2020. ( Ravindra V.Ghuge, J.) khs/Nov.2019/6150