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Bombay High CourtWP/4363/2025disposed off

Parashram Totmala Sukheja Since Decd. Thr Legal Heirs v. The State Of Maharashtra And ORS

2025-04-17Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

905-wp 4363-25.doc Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2025.04.22 15:32:54 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4363 OF 2025 Parsharam Totamal Sukheja (decd.) & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

__________ Ms. Annie Cardoz with Ms. Minal Chandnani i/b. Jaiwant Chandnani & Associates for Petitioners.

Mr. K. S. Thorat, 'B' Panel counsel for State. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

17 APRIL 2025 P.C.:

1.

This petition under Article 226 of the Constitution of India is filed praying for the following substantive relief:- "a.

That this Honourable Court be pleased to direct that Special Civil Suit no. 130 of 2010 (Special Civil Suit) pending on the file of the Ld. Civil Judge, Senior Division be decided within a period of 6 months or within such period as this Hon'ble Court deems fit and proper in the facts and circumstances of the case." 2.

We are not aware as to what is the docket of the Court before whom the proceedings are pending, however, if there is any urgency of an early hearing, we permit the petitioners to move an application for expeditious hearing of the civil suit which be filed within a period of two weeks from the copy of this order is made available. If the same is filed, learned Civil 17 April 2025

905-wp 4363-25.doc Judge, Junior Division shall take into consideration the same and pass appropriate orders deciding whether there is urgency in deciding the proceedings in the pending docket of civil suits. 3.

With such liberty to the petitioner, we dispose of this petition keeping open all contentions of the parties in the proceedings of the civil suit.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] 17 April 2025