Adil Eliyas Shaikh v. Liyakatali Mohammad Shafi Chudiwale And Others

2025:BHC-AUG:18168 914-wp-14026-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14026 OF 2024 Adil Eliyas Shaikh

VERSUS

Liyakatali Mohammad Shafi Chudiwale And Others ...

Mr. Sagar Mahale h/f Mr. Shaikh Mazhar A. Jahagirdar, Advocate for the Petitioner Mr. V. M. Chate, AGP for Respondents-State Mr. N. S. Jain h/f Mr. L. B. Palod, Advocate for Respondent no.1 ...

WITH CIVIL APPLICATION NO. 6770 OF 2025 IN WP/14026/2024 .....

CORAM : ROHIT W. JOSHI, J.

DATED : 10TH JULY, 2025 PER COURT :- .

Although, some of the respondents are unserved, the respondent no.1 is contesting respondent being the original plaintiff. The petitioner, who is original defendant no.6B challenges order dated 30.09.2024 passed by the learned 2nd Joint Civil Judge, Junior Division, Ahmednagar, rejecting application at Exhibit 248, filed by the petitioner to set aside ex-parte order dated 05.08.2024.

2.

Learned Counsel for the respondent no.1/original plaintiff on instructions makes a statement that he has no objection for allowing the petition.

914-wp-14026-2024 3.

In view of the no objection granted, Writ Petition is allowed by quashing and setting aside order dated 30.09.2024 passed by the learned 2nd Joint Civil Judge, Junior Division, Ahmednagar on application at Exhibit 248 in Regular Civil Suit No.646 of 2014. The said application at Exhibit 248 is allowed.

4.

At this stage, the learned Counsel for the respondent no.1 makes a request that since, the suit filed under the Maharashtra Rent Control Act, 1999, is pending since the year 2014, the learned Trial Court be directed to expedite the suit. 5.

The request is reasonable. Having regard to the long pendency of the suit, the learned Trial Court is directed to expedite the hearing of the suit and decide it on merits on or before 30.04.2026.

6.

Civil Application, if any, stands disposed of. ( ROHIT W. JOSHI, J. ) Rushikesh/2025