Fakirchand K. Kamatkar (Deceased) Thr. Lrs. Smt. Jijabai Wd/O Fakirchand Kamatkar And Others v. Smt. Punabai W/O Zingruji Sayre (Deceased) Thr. Lrs. Smt. Sunita W/O Chandrakant Upase And Another

wp8494of19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 8494 OF 2019 (Shri Fakirchand s/o. Kawduji Kamtkar and ors..vs.. Smt. Punabai w/o. Zingruji Sayre & ors) ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------- Shri D.G. Paunikar, Advocate for petitioners. CORAM: RAVINDRA V. GHUGE, J.

DATE: 7 th JANUARY, 2020.

1.

The petitioners are aggrieved by the order dated 3.10.2019, passed by the trial Court, by which application Exh. 45, filed by the petitioners original defendants, seeking restoration of their possession in Regular Civil Suit No. 851 of 2015, has been rejected. 2.

This matter was heard for some time.

3.

The learned Advocate for the petitioners prays that the petitioners be allowed to withdraw the petition and the suit may be expedited.

4.

In view of the above, this petition is disposed off as withdrawn. However, since the suit is of 2015, and is not 5 years old, I would not order the expedited hearing of the suit. I may only observe that if the trial Court finds that any litigant is seeking adjournment on unreasonable ground, it would be at liberty to reject such adjournment application.

(Ravindra V. Ghuge, J.)

wp8494of19.odt Belkhede RS