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Bombay High CourtFA/2825/2025partly allowed and partly dismissed

Gulab Didalisha Fakir And Others v. Shrimant Vikramsingh Lakshamansingh Raje Jadhav Rao And Others

2025-09-04Hon'Ble Shri Justice Y. G. Khobragade2 pages

983 CRA 176 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 983 CRA NO. 176 OF 2025 GULAB DIDALISHA FAKIR AND OTHERS

VERSUS

SHRIMANT VIKRAMSINGH LAKSHAMANSINGH RAJE JADHAV RAO AND OTHERS ...

Advocate for the Petitioner : Mr. Adwant S.V. ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 04.09.2025 PER COURT :

Heard learned counsel for the applicants.

2.

Present Civil Revision Application is directed against common order dated 04.07.2025 passed below Exch. 559 and 563 in Wakf Suit No. 90/1990, rejecting applications of the defendants for amendment to written statement.

3.

The learned counsel for the applicants submits that the issues were settled and even evidence was also adduced by the parties. The matter was posted for final arguments. At that time respondent nos. 1 to 3, who are original plaintiffs filed on record certain documents alongwith Exh. 514. In pursuance of those documents, the applicants were required to file application for amendment to written statement to describe the suit properties precisely. By the impugned order, the applications are rejected. 4.

Due to subsequent events, the applicants were required to file applications for amendment to written statement. It is informed by the learned counsel for the applicant Mr. S.V. Adwant that the wakf suit is already expedited by the Apex Court way back in 2020 and directed to be 1/2

983 CRA 176 25.odt disposed of within six months. Thereafter extensions were solicited and endeavor was being made for final disposal of the suit but for the subsequent events, it would have been decided. 5.

It is submitted by the learned counsel for the applicants that Presiding Officer is proceeding with the suit. Also the proceedings are at the verge of conclusion. There is order of status quo passed by the Apex Court. Under these peculiar circumstances I am inclined to grant ad interim relief. 6.

Issue notice to respondent nos. 1 to 4, for final disposal at the admission stage, returnable on 03.10.2025, who are the contesting parties. 7.

In the meantime, there shall be ad interim relief in terms of prayer clause 'D'.

8.

It is indicated that present revision shall be decided finally at the admission stage on the next date. Parties shall be at liberty to file relevant documents on record.

( SHAILESH P. BRAHME, J.) mkd/- 2/2