Bombay High CourtWP/10737/2015disposed offdismissed for default

Vijayadevi Badrinath Appa Zarekar v. Subhash Lahanu Appa Zarekar

2017-09-12Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 902wp10737o15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10737 OF 2015 VIJAYADEVI BADRINATH APPA ZAREKAR

VERSUS

SUBHASH LAHANU APPA ZAREKAR ...

Advocate for Petitioner : Shri Dagadkhair D.K. (Absent). Advocate for Respondent : Shri V.V.Deshmukh h/f Shri Patel Shaikh Ashpak Taher.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 12th September, 2017 Per Court:

This matter was posted today for passing orders. None appears for the Petitioner.

The Petitioner is aggrieved by the judgment and order dated 12.08.2014 delivered by the Appellate Court by which Miscellaneous Civil Appeal No.79/2013 has been allowed and the order dated 28.03.2013 passed by the Trial Court below Exhibit-5 in RCS No.19/2013 granting temporary injunction, has been set aside and the application has been rejected.

I find from the record that pursuant to the order dated 12.08.2014 passed by the Appellate Court, there is no injunctory order in favour of the original Plaintiff/ Petitioner.

*2* 902wp10737o15 It is informed by the learned Advocate for the Respondent that the pendency before the learned Civil Judge, Junior Division, Khultabad, District Aurangabad is not too high. Considering the above, I find it appropriate to direct the Trial Court to decide RCS No.19/2013 as expeditiously as possible and preferably on or before 30.09.2018.

This Writ Petition is, therefore, disposed of by directing the Trial Court to decide RCS No.19/2013 on or before 30.09.2018. kps (RAVINDRA V. GHUGE, J.)