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Bombay High CourtWP/15281/2024allowed

Pradip S/O Pandurang Ghonge v. Sau Ashika Ashok Jadhav And ORS

2025-06-12Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere2 pages

2025:BHC-AS:23529 908-wp-15281-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15281 OF 2024 Pradip s/o. Pandurang Ghonge .....Petitioner Vs.

Ashika Ashok Jadhav & Ors.

.....Respondents Mr. Girish Awale, for the Petitioner.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 12th JUNE 2025.

P.C.:- 1.

Heard learned counsel for the Petitioner.

2.

By this Petition, the only relief sought by the Petitioner is a direction to the learned Civil Judge Junior Division, Dehurukh to decide Regular Civil Suit No.40 of 2016 as expeditiously as possible and preferably within three months.

3.

Having regard to the aforesaid relief sought, we do not deem it necessary to issue notice to the Respondents, who are original plaintiffs in the said suit. Expeditious disposal of the said suit is primarily sought on two grounds; (i) that, the Petitioner is a senior citizen, aged 62 years and is suffering from lung cancer and (ii) that, the suit is filed in the year 2016 and till date the trial has not Gaikwad RD 1/2

908-wp-15281-2024.doc concluded. The Petitioner has placed on record certain documents evidencing that he is suffering from lung cancer. 4.

No prejudice would be caused to any of the parties if the said suit is expeditiously disposed of, considering that the two of the Respondents, who are original plaintiffs, are also senior citizens. 5.

Considering the aforesaid, in particular, the fact, that the Petitioner is suffering from lung cancer and that the said suit is of the year 2016, we deem it appropriate to direct the learned Civil Judge Junior Division, Dehurukh to conclude the trial in Regular Civil Suit No.40 of 2016 as expeditiously as possible and in any event, within six months from the date of receipt of this order. 6.

Needless to state that all the parties to cooperate in the expeditious disposal of the said suit.

7.

The Petition is allowed and disposed of in the aforesaid terms.

8.

All parties to act on an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Gaikwad RD 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 16/06/2025 16:46:42