Arjun Bhagwanrao Pawar v. Kailas Bansi Rathod And Another

925-wp-12278-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12278 OF 2019 ARJUN BHAGWANRAO PAWAR

VERSUS

KAILAS BANSI RATHOD AND ANOTHER ...

Advocate for the Petitioner : Shri S. V. Natu ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 06th NOVEMBER, 2019.

...

PER COURT :

1.

The petitioner, the original plaintif in Regular Civil Suit No. 131/2012, is aggrieved by the order dated 13/02/2017 passed by the Appellate Court refusing to condone the delay of 9 months 6 days caused in fling the Appeal for challenging the order passed below Exhibit 5 dated 30/07/2013 in RCS No.131/2012.

2.

I have considered the strenuous submissions of the learned Advocate for the petitioner, who has relied upon the 7 grounds formulated in the memo of the petition. With his assistance, I have gone through the petition paper book.

925-wp-12278-19.odt 3.

By an interlocutory order dated 30/07/2013, the Trial Court has restrained defendant No. 2 from alienating the suit property or creating any third party interest till the decision in the suit. The petitioner fled a Civil Miscellaneous Appeal with a delay of 9 months 6 days. His application for condonation of delay in CMA No. 52/2016, has been rejected by the Appellate Court by the impugned order dated 13/02/2017. 4.

I fnd that as the suit is more than 7 years old and the interlocutory order passed by the Trial Court is in force for more than 5 years, ends of justice would be met by expediting the suit. In view of the above, this petition is disposed of. The Trial Court shall decide RCS No. 131/2012 as expeditiously as possible and preferably on or before 31/10/2020.

(RAVINDRA V. GHUGE, J.) shp/-