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Bombay High CourtWP/12856/2016disposed offdismissed for default

Vishwanath Pandharinath Gurme v. Bhagirthibai Keshav Gurme And Others

2017-01-16Hon'Ble Shri Justice S. B. Shukre2 pages

wp12856.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 12856 OF 2016 Vishwanath Pandharinath Gurme .. PETITIONER

VERSUS

Bhagirthibai Keshav Gurme & others .. RESPONDENTS Mr. A.V. Indrale Patil, advocate for petitioner. ===== CORAM : S. B. SHUKRE, J.

DATE : 16th JANUARY, 2017.

PER COURT :

1.

Heard learned counsel for petitioner.

2.

Perused the impugned order passed by the learned District Judge on 3rd December, 2016. There is no patent illegality or arbitrariness seen in this order. However, considering the fact that decree of possession of certain property is sought to be executed, against some property, which in the opinion of the petitioner is different than the property about which a decree has been passed, it is necessary that such a dispute is determined finally at the earliest. Therefore, request of learned counsel for petitioner for expedite disposal of the appeal can be granted. 3.

Petition is thus rejected however, with the direction that Regular Civil

wp12856.16.doc Appeal No. 54/2016 shall be decided in accordance with law by the learned District Judge within four months from the next date of hearing in the appeal.

( S. B. SHUKRE ) JUDGE dyb