Rajaram Abhiman Koli, L.Rs. Jagannath Rajaram Koli And Others v. Jagannath Gangaram Patil And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10463 OF 2014 RAJARAM ABHIMAN KOLI, DIED THROUGH LR'S PETITIONERS

VERSUS

JAGANNATH GANGARAM PATIL AND ANOTHER RESPONDENTS Mr.Swapnil S.Patil, Advocate for the petitioners. Mr.Girish Rane, Advocate for respondent No.1. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 21/01/2015 PER COURT :

1.

I have heard the learned Advocates for the respective sides for some time. Regular Civil Appeal No.794/2012, renumbered as RCA No.364/2014 is pending before the learned District Judge - 1 Bhusawal. In the peculiar facts of this case, ends of justice would be met by directing the Appeal Court to decide the appeal proceedings as expeditiously as possible and preferably on or before the 30/04/2015 in light of the fact that the appeal has been instituted in the year 2012.

2.

The writ petition is, therefore, disposed of with the following directions :- khs/Jan. 2015/10463-14

(a) Learned Advocates for the respective sides assure co-operation to the Appeal Court for such expeditious disposal and shall refrain from seeking adjournments on frivolous grounds. (b) It would be in the interest of both the parties that they shall maintain status-quo as existing today and shall not create any obstruction to each other in terms of usage of the road. (c) It is made clear that no equities would be created in favour of the respective sides by this interim arrangement and the Appeal Court shall decide the appeal strictly in accordance with Law.

( RAVINDRA V. GHUGE, J.) khs/Jan. 2015/10463-14