Ku. Surekha D/O Anandgiri Gosavi And Another v. Shri Sant Lahari Baba Math Deosthan Sakoli, Thr. Secretary, Shri Khushal S/O Udaram Hukre

12cas544.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.544 OF 2019 IN SECOND APPEAL NO. 382 OF 2018 (DECIDED) Ku. Surekha d/o Anandgiri Gosavi and another. V/s Shri Sant Lahari Baba Math Deosthan, Sakoli.

_____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

Shri N.S. Bhattad, counsel for appellants/applicants. Shri P.K. Mishra counsel for respondent-sole. CORAM : ARUN D. UPADHYE, J.

DATE : 24/06/2019.

Heard Shri N.S. Bhattad, learned counsel for the appellants and Shri P.K. Mishra, learned counsel for the respondent-sole.

Learned counsel for the appellants has submitted that status-quo be granted till 20/07/2019 to enable the appellants to obtain the order from the Hon'ble Supreme Court. He therefore, prayed that application be allowed. Learned counsel for the respondent, however, strongly objected and submitted that already three months' time was granted to vacate the suit premises and preferring the SLP to Hon'ble Supreme Court, and time was expired on 05/05/2019 before summer vacation of Hon'ble Supreme

12cas544.19 Court. He further submitted that extension of time cannot be granted by this Court under Section 148 of the Code of Civil Procedure as well as under Order-41 Rule-5 of the Code of Civil Procedure. The application therefore be rejected.

Considering the submissions of both the sides and having gone through the application as well as say, I am of the view that there is no merit in the application. Already sufficient time was granted to approach the Superior Court, no question arise to grant further extension of time. The application is liable to be rejected. Hence, I pass following order :

ORDER

The application is hereby rejected.

JUDGE rkn.