← Library
Bombay High CourtCA/917/2026disposed off

Prakash Bhagwanrao Deshmukh v. Navnath Kishanrao Deshmukh Died Thr Lrs Shakuntalabai Navnath Deshmukh And Othersand Others

2026-01-22Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

2026:BHC-AUG:4219 1 WP / 12941 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 12941 OF 2022 PRAKASH BHAGWANRAO DESHMUKH

VERSUS

NAVNATH KISHANRAO DESHMUKH AND OTHERS WITH CIVIL APPLICATION NO. 917 OF 2026 IN WP/12941/2022 ...

Advocate for petitioner : Mr. R.N. Dhorde, Sr. Advocate i/b. Mr. V.S. Kadam Mr. V.D. Hon, Sr. Advocate i/b. Mr. A.I. Deshmukh, Advocate for the respondents no. 1 to 3, 5 and 6 and for respondent no. 4 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 22 JANUARY 2026 PER COURT :

By Civil Application No. 917 of 2026, the applicant prays to bring on record the legal heirs of respondent no. 1 on record. 2.

Considering the averments made in the application, the Application is allowed in terms of prayer clauses (B) and (C). Necessary amendment to be carried out forthwith. 3.

Civil Application No. 917 of 2026 is disposed of. 4.

In Writ Petition No. 12941 of 2022 the petitioner assails the order dated 24.11.2022 passeed below Exhibit - 25 by District Judge - 3, Nanded in MCA No. 76 of 2022 whereby appeal filed by respondents came to be allowed.

2 WP / 12941 / 2022 5.

After arguing for some time, both the learned counsel submit that the purpose of the petition would be served if the trial Court is directed to decide the Suit within a stipulated period. 6.

Therefore, the learned trial Court is directed to decide the RCS No. 245 of 2021 within a period of six months from today. 7.

This Court on 19.12.2022, granted interim order and same is continued till this date. Therefore, I deem it proper to continue the interim order till the trial Court decides the Suit. 8.

The interim order is continued only because same was in operation since 19.12.2022. The trial Court shall decide the Suit on its own merits without being influenced by the continuation of the interim order by this Court as well as the findings recorded by the appellate Court.

9.

All the points are kept open.

10.

The parties shall co-operate with the trial Court for expeditious disposal of the Suit and shall not seek any unnecessary adjournments.

11.

In view thereof, the present Writ Petition is disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE arp/