Bhagwan Pralhad Patil v. Gokulsing Barku Alias Barikrao Patil And Others

2025:BHC-AUG:30421 12465.25WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 WRIT PETITION NO.12465 OF 2025 BHAGWAN PRALHAD PATIL

VERSUS

GOKULSING BARKU @ BARIKRAO PATIL & OTHERS ...

Advocate for the Petitioner : Mr.B.R.Warma Advocate for Respondents : Mr.P.H.Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.11.2025 P.C. :

1] The learned counsel for the petitioner submits that Regular Civil Suit No.14/2011 and Regular Civil Suit No.99/2015 pertains to the same suit properties. The reliefs claimed in Regular Civil Suit No.14/2011 filed by the respondents are of redemption of mortgage whereas Regular Civil Suit No.99/2015 filed by the petitioner for specific performance of contract dated 11.05.1994. 2] It appears that both the suits relate to the same properties and both suits are pending before the same Court. Both suits are more than 10 years old. I am informed

12465.25WP that this Court, by order dated 13th November, 2024 in Writ Petition No.6912/2016, directed to decide Regular Civil Suit No.14/2011 within a period of six months. Thereafter, this Court by order dated 6th August, 2025 had granted further six months extension to decide the said suit. Considering the same, the trial Court is directed to decide both suits i.e. Regular Civil Suit No.14/2011 and Regular Civil Suit No.99/2015 within a period of five [05] months. Both the parties have agreed before this Court that they would not seek unnecessary adjournments in the suit and they would co-operate the trial Court in deciding the aforesaid suits.

3] In view of above, the Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC