Shahaji Namdev Sawant Thr Power Of Attorney Holder v. Gopal Tanaji Jadhav Thr Power Of Attorney Holder

6-WP-11532-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11532 OF 2023 Shahaji Namdev Sawant through Power of Attorney Holder ...

Petitioner V/s.

Gopal Tanaji Jadhav through Power of Attorney Holder ...

Respondent ------------------- Mr. Balwant Salunkhe, for the petitioner.

Ms. Sushma Kulkarni with Deepak Raut and Dinesh Sehgal, for the respondent.

VARSHA DEEPAK GAIKWAD --------------------

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD Date: 2025.04.30 18:10:06 +0530 DATE :

29TH APRIL 2025.

PC:

1.

Heard learned counsel for the parties.

2.

Mr. Salunkhe, learned counsel for the petitioner, on instructions, submits that in the intervening period the defendants have completed the construction of the house, in respect of which the plaintiff had filed an application for temporary injunction.

3.

In view of the aforesaid development, at this stage, there is no propriety in entertaining this petition against the order passed by the learned District Judge in Miscellaneous Civil Application No. 11 of 2023 dated 15th July 2023. Instead, it may be appropriate to request the Trial Court to hear and decide the Regular Civil Suit No. 40 of varsha

6-WP-11532-2023.doc 2023 as expeditiously as possible. Hence, the following order:

ORDER

i) The petition stands disposed.

ii) The learned Civil Judge seized with Regular Civil Suit No. 40 of 2023 is requested to hear and decide the suit as expeditiously as possible and preferably within a period of one year from the date of communication of this order. (N.J. JAMADAR, J) varsha