Shantabai Damodar Gawad v. Arun Harishchandra Jadhav And ORS

15-WP-16009-2025.DOC SAINATH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16009 OF 2025 Shantabai Damodar Gawad ..Petitioner

Versus

Arun Harishchandra Jadhav & Ors

...Respondents

Ms. Jonita Dabreo i/b JRA Law LLP, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATE :

03rd DECEMBER 2025 P.C.:

1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to an order dated 13th August, 2025 whereby the learned Civil Judge has rejected an application preferred by the petitioner/plaintiff to expeditiously SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.12.04 20:19:46 +0530 decide the suit and consider the prayer of the plaintiff for restoration of possession under Section 6 of the Specific Relief Act.

3.

The Court finds that, the prayer for restoration of possession is one of the substantive prayers in the suit. The suit has proceeded ex parte against Defendant Nos. 1 & 2 and without written statement against Defendant No. 3. Thus, there 1/2

15-WP-16009-2025.DOC does not seem to be any impediment in proceeding with the suit expeditiously.

4.

The petition thus stands disposed with a request to the learned Civil Judge to hear and decide the Special Civil Suit No. 238/2024 as expeditiously as possible.

[N. J. JAMADAR, J.] 2/2