Tirathdas Narayandas Keswani v. Malan Ashok Kalate And ORS

12-wp-12907-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12907 OF 2025 Shri Tirathdas Narayandas Keswani ...

Petitioner V/s.

Smt. Malan Ashok Kalate and Ors.

...

Respondents ------------------- Mr. Sagar Kursija, for the petitioner.

--------------------

CORAM

:

N.J. JAMADAR, J.

DATE :

14TH OCTOBER 2025.

PC:

1.

Heard the learned counsel for the petitioner. VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2025.10.16 18:21:12 +0530 2.

A limited prayer in this petition is to direct the trial Court to hear and decide the application purportedly filed under Section 11 of the Code of Civil Procedure, in Regular Civil Suit No. 153 of 2020, expeditiously. 3.

The petitioner is stated to be 85 year of the age. The bar of res judicata allegedly arises in view of the judgment in Special Civil Suit No. 105 of 1999, which according to the learned counsel for the petitioner, has attained finality with the dismissal of the Special Leave Petition by the Supreme Court by an order dated 3rd January 2019 in Special Leave Petition (Civil) Diary No(s) 41065/2018.

4.

In view of the aforesaid submissions, without delving into genuineness varsha

12-wp-12907-2025.doc and veracity of the assertions in the petition, the petition stands disposed with a request to the learned Civil Judge, seized with Regular Civil Suit No. 153 of 2020, to decide the application dated 6th April 2021 (Exhibit-29) in accordance with law as expeditiously as possible. (N.J. JAMADAR, J) varsha