Kisangopal S/O Chhaganlal Sarda And Another v. Smt. Shivani Wd/O Kamal Sarda, Now Sau. Shivani W/O Amit Bhaiyya

2025:BHC-NAG:7298-DB 1 923.wp.3419.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3419/2025 Shri Kisangopal s/o. Chhaganlal Sarda and Anr. Vs.

Smt. Shivani wd/o. Kamal Sarda - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. S. Dhengale, Advocate for Petitioners. CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI,JJ.

DATED : 29/07/2025.

Heard.

2.

A limited grievance raised in the present petition is, despite this Court has made Civil Suit No.70/2013 (Shivani Sarda Vs. Kisangopal Sarda and Ors.) time bound, however, till date it has not been decided, in total disregard to the directions issued by this Court. Thereupon, a report was called for from the concerned Court. 3.

We have perused the report. The justification given in the report is not satisfactory. Once this Court directs the trial Court to decide the matter, unless there is a justifiable reason, the order must be complied with. In case, there is any justifiable reason, it is expected that the trial Court shall apply for extension of time giving such reason.

4.

In this case, no extension was sought after April, 2017 and a justification given is, due to oversight the adjournments were granted as per the convenience of the

2 923.wp.3419.25 parties and as such, the Special Civil Suit could not be decided within stipulated period.

5.

However, though we have recorded our dissatisfaction about the extension, the reliefs sought in the present petition cannot be denied in the light of the earlier directions.

6.

Now, as per the report, extension of three months time is sought to decide the suit finally. 7.

In view of above, we are of the opinion that, the purpose would be served if the request is accepted and the time is extended. Accordingly, time to decide Special Civil Suit No.70/2013 (Shivani Sarda Vs. Kisangopal Sarda and Ors.), pending on the file of 6th Joint Civil Judge Senior Division, Amravati, is extended till 30th November, 2025. 8.

The writ petition is disposed of in aforesaid terms. No order as to costs.

(MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) Andurkar.