Smt. Indirabai Vinayakrao Bobde And Others v. Vilas Babarao Boke

1/2 84-wp-7563-18(j).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF 20 1.

Smt. Indirabai Vinayakrao Bobde Age 70 Years, Occ. Agri.

R/o Yawali-Shahid, Tq. and Dist.

Amravati 2.

Smt. Pushpa Jaiprakash Bobde Age 45 years, Occ. Nil, R/o Yawali-Shahid, Tq. and Dist.

Amravati 3.

Ankush Jaiprakash Bobde, Age 24 years, Occ. Education, R/o Yawali Shahid, Tq. and Dist.

Amravati 4.

Ku. Ankita Jaiprakash Bobde, Age 20 years, Occ. Education, R/o Yawali Shahid, Tq. and Dist.

Amravati ... Petitioners // VERSUS // Vilas Babarao Boke, Age : 54 Years, Occ. Business, R/o Gopal Nagar, Amravati, Tq. and Dist. Amravati ... Respondent Shri P.S.Patil, Advocate for the petitioners. Shri H.M.Bobde, Advocate for the respondent.

CORAM : ANIL S. KILOR, J.

DATED : 9th JANUARY, 2023.

ORAL JUDGMENT :

In this writ petition, the challenge is raised to the order below Exhibit-7 dated 18th August, 2018 passed by District Judge-2, Amravati Sknair

2/2 84-wp-7563-18(j).odt in Regular Civil Appeal No. 53 of 2018 granting stay to the effect and operation of the impugned judgment and decree dated 3rd March, 2018 passed in Regular Civil Suit No.317 of 2013.

2.

This Court while issuing notice in this writ petition on 1st February, 2019 directed the parties to maintain status quo and accordingly both the parties have till date maintained the status quo. Present writ petition is pending since 2018 and as pointed out above the status quo is in operation from 1st February, 2019.

3.

In that view of the matter, I am of the opinion that instead of deciding the present writ petition on merit, the purpose would be served if the lower Appellate Court is directed to decide the appeal expeditiously. Accordingly, I pass the following order.

i.

Writ petition is disposed of with a direction to the learned District Judge-2, Amravati to decide the Regular Civil Appeal No. 53 of 2018 expeditiously on or before 31st May, 2023. ii.

It is made clear that the status-quo granted by this Court on 1st February, 2019, shall continue till the disposal of the appeal. [ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2023.01.16 11:17:08 +0530 SACHINDANAND K NAIR Sknair