Shrirang Dattatray Khirsagar v. Shantabai Dattatray Kshirsagar And Others

1 916 WP 3375-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 3375 OF 2026 SHRIRANG DATTATRAY KHIRSAGAR

VERSUS

SHANTABAI DATTATRAY KSHIRSAGAR AND OTHERS ...

Ms. Madhaveshwari S. Mhase - Advocate for Petitioner ...

CORAM

: S. G. CHAPALGAONKAR, J.

DATE :

01.04.2026 PER COURT :

1.

Heard learned Counsel for petitioner.

2.

Learned Counsel for petitioner submits that petitioner/defendant has been suffering due to prolonged pendency of the suit. It is further submitted that one of the defendants, who failed to file a written statement, has now been permitted to file the same after a delay of ten

(10) years. It is contended that the matter would be relegated to the stage of framing of issues and though costs of Rs.10,000/- have been awarded, the same are in favour of plaintiff and not the present petitioner/defendant, who is the sufferer in view of the injunction order operating against him.

3.

In light of submissions advanced, issue notice to respondent Nos.2 to 6, returnable on 29.04.2026.

2 916 WP 3375-2026.odt 4.

In addition to Court service, the petitioner shall be at liberty to serve the aforesaid respondents by any other alternate mode as is permissible under law and file affidavit of service before returnable date. [ S. G. CHAPALGAONKAR ] JUDGE Pooja Kale/