Sakri Nagarpanchayat Sakri Through Its Assistant Office Superintendent v. The State Of Mahrashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12857 OF 2019 Sakri Nagarpanchayat, Sakri Petitioner

Versus

The State of Maharashtra Respondent Mr.N.N.Desale, advocate for the petitioner. Mr.S.G.Karlekar, AGP for sole-Respondent.

CORAM : S.V.GANGAPURWALA & AVINASH G. GHAROTE,J J.

DATE : 21st November, 2019 PER COURT:

Present petitioner is defendant no.1 in Regular Civil Suit No.84 of 2013 fled by one Vidhya Vikas Mandal, Sakri, before the 2nd Joint Civil Judge, Senior Division, Dhule. The said suit came to be dismissed. Said Vidhya Vikas Mandal, Sakri, then fled an appeal before District Court, Dhule, in the year 2015 and since then, same is pending.

The suit is dismissed. The appeal is pending. Learned Counsel for the petitioner seeks directions to decide the appeal expeditiously.

{2} wp1285719.odt We had asked the learned Counsel for the petitioner as to whether any orders of stay/injunction are in operation. Mr.Desale, learned Counsel for the petitioner, on instructions, submits that the appellate Court has not passed any prohibitory orders in favour of the plaintiff.

In the light of above, there is no cause for the petitioner to fle instant petition. The petitioner may request the District Court to decide the appeal expeditiously. The District Court would consider the prolonged pendency of the appeal and shall endeavour to decide the appeal expeditiously on its own merit and in accordance with law.

Writ Petition is disposed of. No costs.

AVINASH G. GHAROTE S.V.GANGAPURWALA JUDGE JUDGE adb