The single-judge High Court disposed of a writ petition without examining merits, directing the Appellate Court to decide the appeal expeditiously within 12 weeks.
Petition disposed with directions to Appellate Court to decide appeal within 12 weeks.
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IRESH Digitally signed byIRESH SIDDHARAM SIDDHARAM MASHAL MASHAL Date: 2021.09.0217:14:12 +0530
23.5423.19 WP.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5423 OF 2019
SHRI. SAGAR KESHAVLAL SHAH ….PETITIONER
V/s.
PRAMOD GAJANAN DHAVALE …..RESPONDENT
Mr. Sarthak S. Diwan for the petitioner Mr. Pratap Patil for respondent nos. 1 to 3
CORAM : NITIN W. SAMBRE, J.
DATE: SEPTEMBER 2, 2021.
P.C.:
1] Against the Decree passed for mandatory injunction on 30/06/2018, in respondent’s Appeal No. 390 of 2018, below Exh. 3, injunction is ordered, thereby staying the Decree which order dated 03/01/2019 is impugned.
2] Having considered rival claims, without going into the merits of the matter, it can be noticed that the impugned order is in operation for about two and half years. Hence, present petition can be disposed
1/2
23.5423.19 WP.doc
of with directions to Appellate Court to decide the Appeal
expeditiously, in any case within period of 12 weeks from today.
[NITIN W. SAMBRE, J.]
2/2
1 issue framed by the court
Whether the High Court should dispose of the writ petition without examining merits and direct expeditious disposal of the appeal.
Shri. Sagar Keshavlal Shah
Pramod Gajanand Dhavale
Nitinsambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
