Sou. Surekha Manikalal Norte v. Smt. Amina Mazarkhan Khan And ORS

21-WP.10116.2013.doc Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10116 OF 2013 WITH CIVIL APPLICATION NO. 1523 OF 2016 Surekha Maniklal Narote } Petitioner versus Amina Mazarkhan Khan & Ors.

} Respondents Mr. Ishaan Kapse with Mr. Shubham Shinde for petitioner.

Mr. Prashant P. i/b. Mr. I. M. Khairdi for respondents 3 to 6.

CORAM:

ALOK ARADHE, CJ.

DATE:

JULY 16, 2025 ORAL ORDER:

1.

In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 23rd September 2013 passed by the Appellate Court, by which Civil Miscellaneous Appeal No. 161 of 2012 filed by the petitioner has been dismissed and the order dated 3rd October 2012 passed by the Trial court granting injunction in favour of the defendants has been affirmed.

2.

A Bench of this Court, while entertaining the writ petition on 28th October 2013, has granted stay to the impugned order. The aforesaid order of stay has remained in force for a period of 12 years. It is stated at the Bar that the civil suit, which was instituted in the year 2010, is still pending.

21-WP.10116.2013.doc 3.

Therefore, in the facts and circumstances of the case, instead of examining the validity of the impugned order, I deem it appropriate to direct the Trial Court to make an endeavour to conclude the proceedings in the suit within an outer limit of six months form today. Till then, the interim order dated 28th October 2013 shall continue to operate.

4.

With the aforesaid direction, the writ petition is disposed of.

5.

Let a copy of this order be communicated to the Trial Court JAYANT VISHWANATH SALUNKE forthwith.

JAYANT VISHWANATH SALUNKE Date: 2025.07.17 11:13:14 +0530 (CHIEF JUSTICE)