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Bombay High CourtCA/505/2026disposed off

Shantabai Marotrao Nalge And Others v. Bhagyashree Satyanarayan Nalge And Others

2026-03-27Hon'Ble Shri Justice Ajit B. Kadethankar3 pages

2026:BHC-AUG:13549 7-sr905.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.505 OF 2026 IN WRIT PETITION NO.12910 OF 2023 Shantabai w/o. Marotrao Nalge and ors.

..Applicants Vs.

Bhagyashree w/o. Satyanarayan Nalge and ors.

..Respondents ---- Mr.V.S.Kabra, Advocate for applicants Mr.P.R.Katneshwarkar, Senior Advocate for respondent nos.1 to 3 Mrs.B.B.Gunjal, AGP for respondent nos.4 and 5 ---- CORAM : AJIT B. KADETHANKAR, J.

DATE : MARCH 27, 2026 ORDER :- Pursuant to the orders passed by this court on 27.01.2026, learned Jt. Civil Judge, Senior Division, Nanded has submitted his explanation and report. It appears that initially learned Judicial Officer submitted a short explanation which was followed by a detailed report dated 07.02.2026. The report dated 07.02.2026 reads thus:- With reference to the subject noted above, I most humbly submits that suit was made time bound by the Hon'ble High Court and vide order dated 27-112024 passed in writ petition No.12910/2023, one year time was extended for disposal of the suit.

7-sr905 Prior to that vide order dated 05-11-2024, the suit was referred for mediation and mediation report received by this Court on 06-01-2025.

Meanwhile, several interlocutory applications are filed by the parties and same have been decided in due course by giving opportunity of being heard to both the parties and more time consumed to decide those applications.

Though the plaintiff submitted her examination-in-chief on affidavit on 26-07-2024 and recorded her further examination-in-chief on 31-082024 and 18-09-2024 respectively, due to filing of various interlocutary applications, her crossexamination actually started firstly on 17-11-2025. Cross-examination of plaintiff lastly conducted on 05-01-2026, but still not concluded and thereafter, due to health issue of plaintiff, the matter is adjourned on 13-02-2026.

Thus, I have taken sincere efforts on my best level to dispose off the matter as early as possible and within time bound period fixed by the Hon'ble High Court, but it could not possible practically due to filing of various applications by the parties frequently.

Inadvertently, representation for extension of time could not be made within time due to heavy workload of the Court.

Considering the aforesaid reasons, my detail report with explanation may kindly be considered and minimum one year time may kindly be extended for disposal of the suit and obliged.

2.

It appears that due to the pendency of various applications filed by the respective parties to the suit, the trial court was unable to conclude the trial proceedings in the given time frame. Vide the last report, time for completion of the trial proceedings was sought by one year.

7-sr905 3.

Mr.Totla, learned counsel for the applicant, submits that the trial court may deal with all applications in accordance with law. However, he may make endeavour to dispose of the trial proceedings as expeditiously as possible and by taking the matter on day to day basis. He submits that the maximum period of six months may be given to the learned trial court. 4.

In view of the above, the Civil Application stands disposed of with the following order:- (i) Time to conclude the trial proceedings is extended by ten months from today.

(ii) Learned trial court is requested to conclude the proceedings as expeditiously as possible and preferably giving shorter dates in the matter (iii) The parties are expected to assist the court in early disposal of the suit and to avoid unnecessary adjournments. [AJIT B. KADETHANKAR, J.] ...........

KBP