Smt. Gangubai Huvappa Shelke, Through Poa, Shri. Ashok Huvappa Shelke v. Shri. Mohan Bhupal Suryavanshi And ORS

wp­1350­14­(34)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1350 OF 2014 Gangubai Huvappa Shelke ..Petitioner Vs.

Mohan Bhupal Suryawanshi & Ors.

..Respondents Mr. Mahendra Agavekar i/b Mr. Mandar Limaye for the Petitioner Mr. P. D. Pise for the Respondent Nos.1 to 3 CORAM :

R. M. SAVANT, J.

DATE :

10th MARCH, 2015 P.C.

Having regard to the nature of the order that is passed that is refusal of the Lower Appellate Court to grant stay pending the Misc Civil Appeal No.137 of 2012, the interdiction of this Court is not warranted. The Writ Petition is accordingly dismissed.

However, there is an order of status­quo which is in operation since 13­2­2014, in the above Petition it would therefore be just and proper to direct the Lower Appellate Court to dispose of the said Misc Civil Appeal No.137 of 2012 within a particular time frame and continue the order of status­quo till its disposal. The Lower Appellate Court is accordingly directed to hear and dispose of the said Misc Civil Appeal No.137 of 2012 latest by 31­7­ mmj

wp­1350­14­(34) 2015. The order of status­quo granted vide order dated 13­2­2014 would operate till then. The continuation of the order of status­quo should not be construed as expression of any opinion on the merits of the case of the Petitioner. The said Misc Civil Appeal No.137 of 2012 would be decided on its own merits and in accordance with law.

The parties to act upon an ordinary copy of this order duly authenticated by the Court Shirestedar.

[R.M.SAVANT, J] mmj