Bhutali Ayogappa Janage And ORS. v. Siddharam Genappa Poojari And ORS.
4.WP.281.17.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 281 OF 2017 Bhutali Ayogappa Janage and Ors.
.. Petitioners
Versus
Siddharam Genappa Poojari and Ors.
.. Respondents ....................
Mr. I. M. Khaivdi for Petitioners.
Mr. Ramdas Hake Patil for Respondent Nos. 1 and 2. ...................
CORAM
: MILIND N. JADHAV, J.
DATE : NOVEMBER 22, 2022.
P.C.
:
1.
Heard learned counsel for the respective parties. 2.
The Writ Petition came to be filed in the year 2017 against the Order dated 01.02.2016 passed by the learned Trial Court below Exhibit-5 allowing Respondents to perform puja. 3.
Record indicates that subsequently on 23.12.2016 and 31.12.2016, Appellate Court vacated the said Orders. The original suit has been filed by the Petitioners seeking injunction to allowing Petitioners (and their families) for performing puja according to their turn during the tenure of seven years or as per rotation. 4.
Both learned Advocates are ad-idem that what remains to be adjudicated by the learned Trial Court is only the period of rotation that has been prayed for in prayer Clause (c)/(d)of the suit plaint.
4.WP.281.17.doc 5.
It is seen that the relief prayed for in the Petition no longer survives. Both learned Advocates have made a plea before the Court that since the original suit has been filed in 2016 and is since pending, necessary direction be given to the Trial Court to expedite the trial. 6.
Considering the plea of the Advocates and after perusing the record, learned Trial Court is requested to complete adjudication of the trial in R.C.S. No. 813 of 2016 as expeditiously as possible and in any event within a period of one year from today. 7.
With the above direction, Writ Petition stands disposed of. [ MILIND N. JADHAV, J. ] by SONALI SATISH KILAJE Date:
2022.11.23 09:54:10 +0530 SONALI SATISH KILAJE