Gangubai Bansilal Netkar Through Gpa Machindra Bansilal Netkar v. Kashinath Popat Makasare And Others

dyb 1 WP12848-18dt 30-11-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12848 OF 2018 Gangubai Bansilal Netkar ...

Petitioner

Versus

Kashinath Popat Makasare & others ...

Respondents Mr. N.L. Chaudhari, Advocate for the Petitioner. Coram : N.M. Jamdar, J.

Date : 30 November 2018.

Oral Order :

1.

Heard learned counsel for the petitioner.

2.

Initially, the application filed by respondents in respect of the alleged deed of relinquishment was rejected by the learned Civil Judge on 17 April, 2014. Respondents thereafter filed Writ Petition No. 8412/2014 in this Court. The learned Single Judge by a detailed order dated 16 April 2018, set aside said order and directed the learned trial Judge to hear the parties and decide on the admissibility

dyb 2 WP12848-18dt 30-11-2018 of the documents. Learned Single Judge also observed that since the suit is pending for more than ten years, the trial needs to be expedited. Thereafter, the learned trial Judge by the impugned order has exhibited this document.

3.

Considering the earlier order passed by this Court and need of expedite disposal of the suit, I am of the opinion that the writ petition can be disposed of keeping all contentions of petitioner open as per section 105 of the Code of Civil Procedure, to be taken up in the appeal.

4.

With these clarifications, writ petition is disposed of. N.M. Jamdar, J.