Jagdish Gopikishan Zunzunwala And Others v. Ganesh Atmaram Khandel

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Writ Petition No. 4063 of 2024 Jagdish Gopikishan Zunzunwala and others Vs. Ganesh Atmaram Khandel __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Ritesh Bade, Advocate for petitioner.

Mr. S.D.Chopde, Advocate for respondent.

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 13/10/2025.

1.

Heard Mr. Ritesh Bade,learned counsel for the petitioner and Mr. S.D.Chopde, learned counsel for the respondent.

2.

The petitioners, who are original defendants, challenged the order passed by 7th Joint Civil Judge, Junior Division, Akola, in Regular Civil Suit No.60/2018, whereby the application below Exhibit 5 filed by the plaintiff came to be allowed. Against the said order, the defendant filed an appeal and the Appellate Court confirmed the order passed by the Trial Court.

3.

Mr. Ritesh Bade, learned counsel for the petitioner would submit that the learned Trial Court as well as the Appellate Court has not considered the documents filed by the defendants and without recording the findings the order passed and prayed to allow the writ petition by setting aside both orders passed by the Courts below.

4.

Per contra, Mr. Chopde, learned counsel for respondent supported the orders passed by both the Courts below.

5.

I have gone through the orders passed by the Trial

wp4063.2024.odt 2/2 Court as well as the Appellate Court. I have also gone through the record. I do not find any perversity in orders. In view of the fact that the Suit is of the year 2018, Trial Court shall decide the suit within a period of one year.

6.

Writ petition stands disposed of accordingly. (Siddheshwar S. Thombre, J) mukund ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 14/10/2025 16:44:44