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Bombay High CourtWP/5385/2016disposed off

Vinayak Bhaguram Dhormare Through His Power Of Attorney N.V.Dhormare v. Alimunbee Gulab Pathan And Others

2022-11-21Hon'Ble Shri Justice Sandeep V. Marne2 pages

wp 5385.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 WRIT PETITION NO.5385 OF 2016 VINAYAK BHAGURAM DHORMARE THROUGH HIS POWER OF ATTORNEY N.V. DHORMARE

VERSUS

ALIMUNBEE GULAB PATHAN AND OTHERS ...

Advocate for Petitioner : Mr. Patil N.P. Jamalpurkar ...

CORAM : SANDEEP V. MARNE, J.

Dated : November 21, 2022 ...

PER COURT :- 1.

By this petition, petitioner challenges the judgment and order dated 7.9.2015 passed by the District Judge-3, Latur by which his Misc. Civil Appeal no.33 of 2013 challenging the order dated 26.3.2013 passed by Jt. Civil Judge, Jr.Div., Ausa has been dismissed. The trial court had allowed the application of plaintiff at Exhibit-5 and granted injunction by order dated 26.3.2013. Misc. Civil Appeal fled by petitioner against that order has been dismissed on 7.9.2015. 2.

Suit is of the year 2011. Injunction has been operating against petitioner since 26.3.2013. aaa/-

wp 5385.16.odt 3.

In the light of this position, instead of entertaining the present petition at this stage, it would be appropriate to request the trial court to expedite hearing of the suit. Accordingly, this petition is disposed off with a request to Civil Judge, Jr. Division, Ausa to expedite hearing of RCS No.389 of 2011 and make an endeavour to decide the same within a period of six months from today.

( SANDEEP V. MARNE, J. ) ...

aaa/-