Arvnd Bhimrao Waghmode v. Shankar Sitaram Waghmode Died Through Lrs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3405 OF 2025 Shri Arvind @ Arun Bhimrao ...

Petitioner Waghmode Vs.

Shankar Sitaram Waghmode ...

Respondent Mr. Ajay Joshi for the Petitioner.

CORAM : GAURI GODSE, J.

DATE :

29th JULY 2025 ORDER :

1.

Not on board. Taken on the production board.

2.

This petition is moved by the learned counsel for the petitioner. Learned counsel for the petitioner submits that this court vide order dated 19th March 2025 had directed the learned District Judge to defer the hearing of the appeal beyond the returnable date of this petition, i.e. 9th April 2025. He submits that thereafter the interim protection is continued by order dated 9th April 2025 and 25th June 2025. He submits that despite intimating these orders to the learned District Judge, the petitioner is granted adjournment for bringing Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2025.08.05 02:39:53 +0200 specific stay order to the proceeding.

RAJESHWARI RAMESH PILLAI 1/3

3.

Learned counsel for the petitioner has tendered copy of the order dated 7th July 2025 which is taken on record. 4.

I find it necessary to record that when this court has passed a detailed order on 19th March 2025, and by way of an interim order, requested the District Judge to defer the hearing beyond a particular date and when the interim order is continued from time to time, I see no valid reason for the concerned District Judge to direct the petitioner to bring a specific order of stay. Instead of granting a specific order of stay, it was found appropriate by this court to request the District Judge to defer the hearing of the appeal. Such a direction enables the District Courts or the Trial courts to pass routine orders, if necessary, without any adverse orders against the party with regard to the orders impugned in the High Court.

5.

By order dated 25th June 2025 the next date assigned is 1st October 2025 and the ad-interim relief already granted is continued till the next date. Thus, the District Judge was expected to continue to follow the directions in the order dated 19th March 2025 and continued from time to time. 6.

Hence, any clarification is unwarranted, however, in 2/3

view of the order passed by the concerned District Judge on 7th July 2025, it is clarified that the order passed on 19th March 2025 to defer the hearing beyond the returnable date in this writ petition shall continue, till further orders. 7.

List the petition on its scheduled date, i.e. 1st October 2025.

[GAURI GODSE, J.] 3/3