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Bombay High CourtWP/424/2015disposed off

Shri Hanmant Shivaji Jagdale And ANR v. Shaila Shivaji Jagdale Alias Shaila Sunil Powar And ORS

2019-01-30Hon'Ble Shri Justice K.K. Tated2 pages

30.424.15-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.424/2015 Hanmant Shivaji Jagdale & Anr.

... Petitioners V/s.

Shaila Shivaji Jagdale & Ors.

... Respondents Mr. A. R. Gole for the Petitioners

CORAM:

K.K. TATED, J.

DATED :

JANUARY 30, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India, the Petitioner challenges the concurrent findings of facts recorded by both the courts below refusing their Application for injunction.

Considering the fact that the Petitioner has filed the suit for partition of HUF property and it is pending since 2013, in the interest of justice, it is necessary that the suit itself is required to be decided as early as possible.

Hence, the following order is passed:

a.

Hearing of the Regular Civil Suit No.61/2013 is expedited. Basavraj G. Patil 1/2

30.424.15-wp.doc b.

The learned Civil Judge, Junior Division, Jaisingpur is directed to decide the said suit on or before 31.12.2019 on its own merits.

c.

The Writ Petition stands disposed of accordingly. (K. K. TATED, J.) Basavraj G. Patil 2/2