Sandeep Shivajirao Jadhav v. The State Of Maharashtra Thr. Secretary Revenue And Forest Dept. And ORS.
2026:BHC-AS:3052 41 wp 611 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.611 OF 2026 Kanan Knitwear and Ors.
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Petitioners versus Manish Products and Ors.
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Respondents Mr. Nilesh Gala, for Petitioners.
CORAM: N.J.JAMADAR, J.
DATE :
20 JANUARY 2026 P.C.
1.
Heard the learned Counsel for the Petitioners. 2.
A limited grievance in the Petition is to have an expeditious hearing and disposal of SCS No.129 of 2013.
3.
Learned Counsel for the Petitioners invites attention of the Court to an order dated 13 February 2014 passed in AO No.1442 of 2013, whereby the learned Trial Court was directed to decide the suit as expeditiously as possible and positively within a period of one year from the next date of hearing before the Trial Court.
4.
The grievance of the Petitioner is that, in the intervening period, against the order dated 1 March 2025 passed by the learned Civil Judge on an application preferred by the Defendants, Writ Petition No.5258 of 2025 has been preferred and the trial in the said suit is not being proceeded with on the ground of pendency of the said Writ Petition. SSP 1/2
41 wp 611 of 2026.doc 5.
Learned Counsel for the Petitioners submits that, according to his instructions, there is no ad-interim relief granted in the said Writ Petition. Attention of the Court is invited to the copies of the orders passed in the said Writ Petition (Exh.H colly).
6.
Prima facie, it appears that there is no restraint to proceed with the suit. Thus, mere pendency of Writ Petition No.5258 of 2025 would not preclude the learned Civil Judge from proceeding with SCS No.129 of 2013. 7.
The Writ Petition stands disposed, with a clarification that, in the absence of stay to the proceedings in SCS No.129 of 2013, the trial Court shall not defer the hearing in SCS No.129 of 2013, and, hear and decide the same in conformity with the order passed by this Court dated 13 February 2024 in AO No.1442 of 2013, ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 21/01/2026 20:41:45