Atmaram Dattu Maske Died Janabai Dattu Maske Alias Janabai Ankush And Others v. Ashokkumar Badrinarayan Bharadiya And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.12809 OF 2021 ATMARAM DATTU MASKE DIED JANABAI DATTU MASKE ALIAS JANABAI ANKUSH AND OTHERS

VERSUS

ASHOKKUMAR BADRINARAYAN BHARADIYA AND OTHERS ...

Advocate for Petitioners : Mr. Shailesh P. Brahme Advocate for Respondent No.1 : Mr. P.K. Lakhotiya ...

CORAM : SANDEEP V. MARNE, J.

DATE : 09-11-2022 PER COURT :

.

Considering the nature of the order which is impugned in the present petition, I am of the view that the present petition can conveniently be disposed of without recording any reasons. 2.

By the present petition, the order dated 29.10.2021 passed by the Jt. Civil Judge Junior Division, Beed in execution proceedings has been challenged. By that order, the executing court has stayed the proceedings before the Collector and Dy. Superintendent Land Record, Beed for partition of the suit property till decision of the application filed by the respondent no.1 bearing Misc. Civil Application No.1139 of 2021. The impugned order has been passed on 29.10.2021 and the present petition has been pending for last about one year.

3.

In these circumstances, the petition is disposed of with a request to the trial Court to expedite the hearing of M.C.A. No.1139 of 2021 filed by respondent no.1 and to make an endeavour to decide the same as expeditiously as possible, preferably within a period of six months from today.

4.

All the objections raised by Mr. Brahme about maintainability of the obstructionist proceedings as well as the contentions of respondent no.1 are expressly kept open to be decided by the trial Court.

5.

With these observations, the writ petition is disposed of. ( SANDEEP V. MARNE, J. ) GGP