Milind Sudhakar Khurasane And ORS v. Rajendra Sudhakar Khurasane And ORS

35-WP15452-2022.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15452 OF 2022 Milind Sudhakar Khurasane and ors.

...Petitioners

Versus

Rajendra Sudhakar Khurasane and ors.

...Respondents

Mr. Vishwanath Suresh Talkute, for the Petitioners. Mr. P. B. Gujar, for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATED :

11th MARCH, 2025 PC:- 1.

Heard the learned Counsel for the petitioners. 2.

The learned Counsel for the petitioners, on instructions, seeks leave to withdraw the petition.

3.

The learned Counsel for the petitioners, however, submits that having regard to the nature of the suit and fact that the suit is pending since the year 2016 and the order passed by the SANTOSH SUBHASH KULKARNI trial court restraining the defendants from creating any by SANTOSH SUBHASH KULKARNI Date: 2025.03.15 14:15:57 +0530 encumbrances over the suit property affects the businesses being carried out from the suit property, the petitioners be granted liberty to seek modification of the order before the trial court, and the suit be expedited.

4.

The prayer seems justifiable.

1/2

35-WP15452-2022.DOC 5.

The petition stands dismissed as withdrawn with liberty to the petitioners to seek modification of the order passed by the trial court with regard to the raising of loans for the business purposes.

6.

The trial court is requested to make an endeavour to decide the suit as expeditiously as possible and, preferably, within a period of one year from the date of communication of this order. The parties shall co-operate with the Trial Court and shall not seek unnecessary adjournments.

[N. J. JAMADAR, J.] 2/2