Shankar Anna Jadhav v. Sainath Dagdu Jadhav

2026:BHC-AUG:19624 1 62 WP 4175-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 62 WRIT PETITION NO. 4175 OF 2026 SHANKAR ANNA JADHAV

VERSUS

SAINATH DAGDU JADHAV ...

Mr. Milind A. Manjramkar - Advocate for Petitioner ...

CORAM

: S. G. CHAPALGAONKAR, J.

DATE :

20.04.2026 PER COURT :

1.

The present petition takes exception to order dated 13.03.2026 passed by Civil Judge, Junior Division, Khultabad in Civil Miscellaneous Application No. 46 of 2024.

2.

Learned Counsel - Mr. M.A. Manjramkar for petitioner submits that petitioner has filed a Civil Revision Application before this Court challenging order which is subject matter of execution proceeding pending before Civil Judge, Junior Division, Khultabad. It is submitted that petitioner had sought time of two (2) months for cross-examination of the witnesses on the ground that, Civil Revision Application is pending before this Court. However, the said request came to be rejected by the Trial Court.

3.

This Court cannot countenance submissions advanced on behalf of

2 62 WP 4175-2026.odt petitioner. Merely because a Civil Revision Application is pending before this Court, petitioner cannot claim adjournment of proceedings pending before Trial Court as a matter of right. If petitioner desires interim stay to proeeding, it is open for him to move appropriate application before this Court in pending Civil Revision Application for suitable orders. 4.

The petitioner cannot independently challenge Trial Court's order refusing adjournment on ground of pendency of Civil Revision Application.

5.

In view of above, no interference is required in the impugned order. Hence, present petition stands rejected. 6.

Pending Civil Applications, if any, also stand disposed of. [ S. G. CHAPALGAONKAR ] JUDGE Pooja Kale/