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Bombay High CourtWP/3458/2022disposed off

Dwarkadas S/O Kanhaiyalal Agrawal v. Gafar Adam Kasam

2024-11-22Hon'Ble Shri Justice N. R. Borkar2 pages

921-wp-3458-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 3458 of 2022 Dwarkadas S/o Kanhaiyalal Agrawal

Versus

Gafar Adam Kasam Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.S.Deshpande, Advocate for the petitioner. Ms. Upasana Jain, Advocate h/f Shri S.M.Mate, Advocate for the respondent.

CORAM : N.R.BORKAR, J.

DATED : 22nd NOVEMBER, 2024.

This petition takes exception to the order dated 7th May, 2021 passed by the District Judge-1, Pusad in Regular Civil Appeal No. 30 of 2019. 2.

By the order impugned, the First Appellate Court has stayed the decree of possession and arrears of rent passed by the learned trial court in favour of the petitioner, subject to deposit 40% of the total decreetal amount within four weeks.

3.

I have heard the learned counsel for the petitioner.

SKNair

921-wp-3458-22.odt 4.

There is no point in hearing the present petition on merit after three years of passing of the impugned order.

5.

Considering the facts and circumstances of the case, the following order is passed.

6.

The First Appellate Court shall endeavour to decide the Regular Civil Appeal No. 30 of 2019 within a period of six months from the date of receipt of the copy of this order.

7.

The writ petition is disposed of in aforesaid terms.

[N.R.BORKAR, J.] SKNair