Smt. Priti W/O Pravin Dambhare (Priti D/O Nath Madhavrao Thakare) v. City Of Nagpur Corporation Through Municipal Comissioner And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 2084 OF 2020 ( Smt. Priti w/o Pravin Dambhare ..vs.. City of Nagpur Corporation and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Karan Singh Ramesh Gour, Counsel for the petitioner, Mr. A.S. Mehadia, Counsel for the respondents. CORAM : ABHAY J. MANTRI, J.

DATED : 26-02-2025 The learned Counsel for the petitioner and the respondents jointly submitted that the petition has been pending since 2020, and the status quo order has been in operation since 28-08-2020. Therefore, both of them submitted that the petition could be disposed of by directing the Trial Court to decide the suit within six months.

2.

I have gone through the record. It seems that the suit has been pending before the Trial Court since 2014. The issues were also framed on 28-01-2020. The pleadings of both parties are complete. It also appears that since 28-08-2020, the status quo order has been operating in the matter.

3.

Both learned Counsel have also submitted that, in view of the amendment in Section 9A of the Civil Procedure Code (for short, "CPC"), the preliminary issue be decided as an issue framed under Order XIV of the CPC. Both learned Counsel submitted that all the issues can be considered together as they have been framed under Order XIV of the CPC.

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Having considered the submissions of the learned counsel for both the parties and the fact that the matter has been pending for more than 10 years, as such, without going into the merits of the matter, I deem it appropriate to dispose of the petition by directing the parties to maintain status quo till the disposal of the suit. Accordingly, the petition is disposed of by directing the parties to maintain the status quo till the disposal of the suit and cooperate with the trial Court for expeditious disposal of the suit. The Trial Court is directed to decide the suit as early as possible and within one year from today.

Inform the learned Trial Court accordingly.

(ABHAY J. MANTRI, J.) adgokar