Dismissed

Shaikh Nawab Sharfoddin v. Babulal Makbool Pathan

Bombay HC7 Jan 2015WP/9822/2014

Case brief

AI extract

What is this about?

This is a single judge order dismissing a writ petition filed to expedite the hearing of a pending civil appeal. The court held that issuing the writ petition to expedite the appeal did not cause prejudice to any party. Consequently, the court dispensed with issuing notice to respondents and disposed of the writ petition, observing that the hearing of the underlying appeal is expedited.

What did the court decide?

Hearing of Regular Civil Appeal No. 210 of 2012 is expedited.

Shaikh Nawab Sharfoddin Vs Babulal Makbool… — Civil Procedure and Limitation | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 9822 OF 2014

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Shaikh Nawab s/o Sharfoddin, Age: 60 years, Occ: Agri., R/o. Ramjan Chincholi, Tq. Karjat, District Ahmednagar. ...Petitioner

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versus

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Babulal Makbool Pathan, Age: 64 years, Occ: Agri., R/o. Kanadi Khurd, Tq. Ashti, Dist. Dhule.

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Mohammad Makbool Pathan, Age: 60 years, Occ: 60 years, Occ: & R/o. As above.

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Ahmad Makbool Pathan, Age: 50 years, Occ: & R/o. As above.

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Mansoor Makbool Pathan, Age: 49 years, Occ: Agri.,

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Mohasin Mansoor Pathan, Age: 30 years, Occ: Agri., All above R/o. Burudgaon Road, Pawar Chal, Ahmednagar. Tq. & Dist. Ahmednagar.

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Jainabbee Papa Kazi, Age: 74 years, Occ: Household, R/o. Mental Hospital Zopadpatti, Near Husenbaba Dargah, Pune-6.

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Shabirabee Babukhan Pathan, Age: 72 years, Occ: Household, R/o. Survey No. 26, near Boudh Mandir, Khopodi, Pune-3.

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Shabbir Ismaile Shaikh, Age: 52 years, Occ: Agri., R/o. Saratewadgaon, Tq. Ashti, Dist. Beed.

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9.	Ahamad Ismaile Shaikh, Age: 43 Occ: & R/o. As above.
10.	Shakirabi Rouf Shaikh, Age: 42 years, Occ: Agri., R/o. Mali Babhalgaon, Tq. Pathardi, Dist. Ahmednagar.
11.	Taherabni Jalindar Shaikh, Age: 39 years, Occ: Agri., R/o. Sratewadgaon, Tq. Ashti, Dist. Beed.
12.	Munnabi Shaikh Sikandar, Age: 37 years, Occ: Agri., R/o. Belapur, Tq. Shrirampur, Dist. Ahmednagar.
13.	Sayarabi Shaikh Sattar, Age: 49 years, Occ: Agri., R/o. Ghatshiras, Tq. & Dist. Ahmednagar.
14.	Shaikh Gafur Shaikh Aajij, Age: 84 years, Occ: Agri., R/o. Saratewadgaon, Tq. Ashti, Dist. Beed.
15.	Shaikh Munwar Shaikh Aajij, Age: 79 years, Occ: & R/o. As above.
16.	Shaikh Kasam Shakh Ajij, Age: 64 years, Occ: & R/o. As above.
17.	Shaikh Rashid Shaikh Ajiz, Age: 58 years, Occ: & R/o. As above.
18.	Shaikh Bashir Shaiakh Aajiz, Age: 55 years, Occ: & R/o. As above.
19.	Yasinbee Shaikh Isak, Age: 94 years, Occ:& R/o. As above.
20.	Jubedabi Shaikh Bahadur, Age: 49 years, Occ: Agri., R/o. Bhatodi, Tq.& Dist. Ahmednagar.
21.	Jahedabi Dadamiya Pathan, Age: 45 years, Occ: Agri., R/o. Dhamangaon, Tq. Ashti, Dist. Beed.

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22.	Shaikh Maheboob Usman,
	Age: 88 years, Occ: Agri., R/o. Potegaon, Tq. Karmala, Dist. Solapur.
23.	Shaikh Lalu Usman, Age: 69 years, Occ : & R/o. As above.
24.	Shaikh Husen Shaikh Salam, Age: 35 years, Occ: & R/o. As above.
25.	Mahetab bi Shaikh Amir, Age: 31 years, Occu: Agri., R/o Chinchpur, Tq. Paranda, Dist. Osmanabad.
26.	Shaikh Amjad Shaikh Hasan, Age: 69 years, Occu: Agri., R/o. Saratewadgaon, Tq. Ashti, Dist. Beed.
27.	Shaikh Chand Shiakh Hasan, Age: 58 years, Occu: & R/o. As above.
28.	Fatimabee Dagadu Shaikh, Age: 93 years, Occu: Agri., R/o Mali Babhalgaon, Tq. Pathardi, Dist. Ahmednagar.
29.	Hajjubee Shaikh Mahaboob, Age: 88 years, Occu: Agri., R/o Pathan Sangavi, Tq. Ashti, Dist. Beed.
30.	Beumbee Shaikh Ibrahim, Age: 83 years, Occu: Agri., R/o Balewadi, Tq. Ashti, Dist. Beed.
31.	Chandbi Peerkhan Shaikh, Age: 68 years, Occu: Agri., R/o Borodi, Tq. Ashti, Dist. Beed.
32.	Shriffabee Mohiyoddin Shaikh,
	Age: 64 years, Occu: Agri., R/o Surdi, Tq. Ashti, Dist. Beed.

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33.	Hanifabee Ahamad Shaikh,
	Age: 61 years, Occu: Agri., R/o Mali Bhalgaon, Tq. Pathardi, Dist. Ahmednagar.
34.	Sikandar Akbar Pathan, Age: 58 years, Occu: Agri., R/o Kandi Khurd, Tq. Ashti, Dist. Beed.
35.	Tajoddin Akbar Pthan, Age: 45 years, Occu: Agri., R/o As above.
36.	Rashadbee w/o Akbar Pathan, Age: 88 years, Occu & R/o as above.
37.	Hashmatbee Shaikh Karim, Age: 68 years, Occu & R/o as above.
38.	Madinabee Nabab Shaikh, Age: 48 years, Occu: Agri., R/o Ramjan Chincholi, Tq. Karjat, Dist. Ahmednagar.
39.	Salimabee Abbas Shaikh, Age: 48 years, Occu: Agri., R/o Pimpri Ghumri, Tq. Ashti, Dist. Beed.
40.	Rais w/o Shaikh Taher, Age: 30 years, Occu: Agri., R/o Jamkhed, Tq. Jamkhed, Dist. Ahmednagar.
41.	Najmabee w/o Shaikh Babu, Age: 29 years, Occu & R/o as above.
42.	Aminabee Umrao Pathan, Age: 78 years, Occu: Agri., R/o Kanadi Khurd, Tq. Ashti, Dist. Beed.
43.	Jubedabee Shaikh Chand,
	Age: 48 years, Occu: Agri., R/o Ashti, Tq. Ashti, Dist. Beed.

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44.	Kondabai Shaikh Akbar,
	Age: 48 years, Occu: Agri., R/o Hangewadi, Tq. Kaij, Dist. Beed.
45.	Hamidabee Umrao Pathan, Age: 50 years, Occu: Agri., R/o Kanadi Khurd, Tq. Ashti, Dist. Beed.
46.	Shabir Umrao Pathan, Age: 28 years, Occu & R/o : as above.
47.	Chotibee Makbool Pathan, Age: 87 years, Occu & R/o : as above.
48.	Daulatbee Shaikh Papabhai, Age: 74 years, Occu: Household, R/o 47/1, Burudgaon Road, Near Chanakya Hotel, Ahmednagar.
49.	Shahjadbee Rahimoddin, Age: 53 years, Occu: Agri., R/o Nurani Colony, Jamkhed, Tq. Jamkhed, Dist. Ahmednagar.
50.	Niyamatbee Shaikh Munsoddin @ Fakruddin, Age: 74 years, Occu: Agri./Household, R/o Daru Galli, Ashti, Tq. Ashti, Dist. Beed.
51.	Babu Abdul Pathan, Age: 48 years, Occu: Agri., R/o Sulemandeola at present Karwan, Khandoba Road, Tawkan Wastad Mala, Ahmednagar, Tq. & Dist. Ahmednagar.
52.	Sunnabee Shaikh Shamshoddin, Age: 46 years, Occu & R/o. As above.
53.	Mumtajbee Kalindar Shaikh, Age: 37 years, Occu & R/o. As above.

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54.	Maddam Allabakh Shaikh, Age: 55 years, Occu & R/o. As above.
55.	Maddam Bansibhai Shaikh, Age: 53 years, Occu : Devla, Tq. Ashti, Dist. Beed.
56.	Aashabi Shaikh Salim, Age: 43 years, Occu & R/o. As above.
57.	Aashabi Nabee Shaikh, Age: 45 years, Occu & R/o. As above.
58.	Maddambee Imam Shaikh, Age: 48 years, Occu : Agri., R/o. Kanadi Khurd, Tq. Ashti, Dist. Beed.
59.	Shaikh Ismile Shaikh Karim, Age: 38 years, Occu : Agri., R/o. As above.
60.	Maddambee Sikandar Pathan, Age: 48 years, Occu: Agri., R/o. As above. .....	...Respondents

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Mr. G. R. Sayed, Advocate for petitioner.

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CORAM : N.W. SAMBRE, J.

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DATED : 7TH JANUARY, 2015

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PER COURT :

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. The order 18/12/2013 passed in Regular Civil Appeal No. 210 of 2012 Babulal and others vs. Sk. Nabab and others is

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impugned in the present writ petition. By the impugned order, present petitioner suffered the order of stay as regards execution and operation of the impugned order and decree.

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Learned Counsel for the petitioner submits that the order impugned is dated 18/12/2013 and he will be satisfied if this Court passes an order expediting the hearing of Regular Civil Appeal No. 210 of 2012 pending on the file of District Judge-1, Beed.

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The said request, in my opinion, is innocuous, as no prejudice will be caused, as said request is for expediting the hearing of appeal is made.

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In view of above, issuance of notice to the respondents is dispensed with.

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Writ Petition, as such, stands disposed of, with observation that hearing of Regular Civil Appeal No. 210 of 2012 is expedited.

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[ N.W. SAMBRE, J. ]

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Tupe/07.01.15

Shaikh Nawab Sharfoddin v. Babulal Makbool Pathan

Case brief

What is this about?

What did the court decide?

Shaikh Nawab Sharfoddin v. Babulal Makbool Pathan

Case brief

What is this about?

What did the court decide?

What the court decided

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