Sk. Wakil Sk. Gani v. Aashiya Begum W/O Abdul Majid And Others

2025:BHC-NAG:90 1 33-WP-3524-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3524 OF 2024 Sk. Wakil Sk. Gani Vs. Aashiya Begum W/o. Abdul Majid and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. T.S. Deshpande, Advocate for the Petitioner/s. Ms. Sunita Kulkarni h/f. Mr. Sunil Kulkarni, Advocate for the Respondent No.1. CORAM: SIDDHESHWAR S. THOMBRE, J .

DATED : 06 th OCTOBER, 1.

This Writ Petition is filed against the order passed by the Learned Civil Judge Junior Division, Buldhana in Regular Civil Suit No.166/2023 dated 20.05.2024.

2.

After hearing both the counsel for the respective parties, I have gone through the order passed by the Learned Civil Judge Junior Division, Buldhana wherein, the learned trial Court has considered that after going through the record available, there was no any recital about the pathway. Learned trial Court has also considered the fact that as per the record of the Deputy Superintendent of Land Records, Buldhana, the map shows that defendant is having a route by name "Deolghat Wadi". Therefore, at present it is not possible to provide route as mentioned in the Sale Deed dated 15.06.2023. After perusing the documents placed on record by the petitioner, I do not find any illegality in the

2 33-WP-3524-2024.odt order passed by the learned trial Court. Therefore, I am not inclined to entertain the present writ petition and accordingly, the petition is dismissed. No order as to costs.

3.

Learned counsel for the petitioner has made a submission that this Court may direct the Civil Judge Junior Division, Buldhana to decide the application filed under Section 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 within a stipulated period.

4.

Learned Civil Judge Junior Division, Buldhana is directed to decide the application filed by the plaintiff/petitioner herein, as expeditiously as possible without being influenced by the order passed below Exh.29.

(S IDDHESHWAR S. THOMBRE J.

) Privel