Mangal Sayaji Berad And Others v. Tarabai Baba Gore And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12692 OF 2016 MANGAL SAYAJI BERAD AND OTHERS

VERSUS

TARABAI BABA GORE AND ANOTHER ...

Advocate for Petitioners : Shri Gaware Niteen V. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: January 06, 2017 ...

PER COURT :- 1.

The petitioners are aggrieved by the order dated 17.3.2016, by which, the learned Appeal Court has partly allowed application Exhibit 5 in RCA No. 129 of 2015.

2.

Shri Gaware learned Advocate for the petitioners has strenuously criticized the impugned order.

3.

Considering the order that has been passed, in the light of the rival contentions of the parties, I find it to be an equitable order. Same cannot be termed as being perverse or erroneous so as to cause gross injustice to the petitioner. Nevertheless, since the appeal is pending from 2015, ends of justice would be met by directing the appeal Court to decide the same on/or before 29.7.2017.

4.

With the above direction, this petition is disposed off. ( RAVINDRA V. GHUGE, J. ) ...

akl/d