Partly allowed

Smt. Indirabai @ Ashatai Ramagounda Kalappagol v. Shri. Prakash Babaso Patil @ Mahalinge and Ors.

Bombay HC9 Jan 2024WP/1825/2018

Case brief

AI extract

What is this about?

In this Writ Petition, the Bombay High Court declined to reconsider interim relief granted by subordinate courts. Instead, it directed the trial court to dispose of Special Civil Suit No.47 of 2014 within 18 months and sustained two prior orders.

What did the court decide?

Trial Court directed to dispose of Special Civil Suit No.47 of 2014 within 18 months from today.

Smt. Indirabai @ Ashatai Ramagounda Kalappagol… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

p9-as-wp-1825-2018.doc

¶2

Vinaa Khadpe (P.S.)

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO.1825 OF 2018

¶6

Smt. Indirabai @ Ashatai Ramgonda Kalapgol .. Petitioners

¶7

Versus

¶8

Prakash Babaso Patil and ors

¶9

.. Respondents

¶10

Mr. Manoj A. Patil for the Petitioners.

¶11

CORAM : MILIND N. JADHAV, J. DATE : JANUARY 9, 2024

¶12

P.C.:

¶13

1. Not on Board. Mentioned. Taken on Board.

¶14

2. This Writ Petition takes exception to the impugned order dated 1 April 2016 passed by the learned trial Court below exhibit 6 in Special Civil Suit No.47 of 2014.

¶15

3. Mr. Patil has taken me through both orders passed in Application filed under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908 filed by the Plaintiffs and the judgment and order dated 15 July 2017 passed in Misc. Civil Appeal No.30 of 2016.

¶16

4. I find that both orders are passed giving detailed reasons. Considering that the Suit has been filed in the year 2014, it would be inappropriate to reconsider the interim relief which has been granted by the trial Court in view of the pendency of the Suit. I find that reasoned orders have been delivered by both the learned Courts and it

¶17

1 of 2

¶18

p9-as-wp-1825-2018.doc

¶19

would therefore be fit to direct the learned trial court to dispose of the Suit proceedings in Special Civil Suit No.47 of 2014 within a time bound program.

¶20

5. In that view of the matter, the trial Court is requested by this Court to dispose of the proceedings in Special Civil Suit No.47 of 2014 within a period of 18 months from today. Both the orders dated 1 April 2016 and 15 July 2017 are sustained. Trial Court is directed to dispose of the pending Civil Suit as expeditiously as possible.

¶21

6. With the above directions, Writ Petition is disposed.

¶22

Vinaa Khadpe Digitally signed by VINA VINAARVIND ARVIND KHADPE KHADPE Date:2024.01.09 18:25:01 +0530

¶23

[ MILIND N. JADHAV, J. ]

¶24

2 of 2

Smt. Indirabai @ Ashatai Ramagounda Kalappagol v. Shri. Prakash Babaso Patil @ Mahalinge and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Indirabai @ Ashatai Ramagounda Kalappagol v. Shri. Prakash Babaso Patil @ Mahalinge and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Adil Godrej Bharucha Vs Diego E. Dsouza (Deceased) Thr. Lrs. Shri. Brian a. Dsouza and Ors.

Shankar Mahadu Mali Vs Ganpati Mahadu Mali (Dec.) Thr. Lrs. Anusaya Ganpati Mali (Wife) and Ors.

Namrath Nithyananda Shetty vs the Sr. Police Inspector and Anr.

M/S. Saiprasad Enterprises, Thr. Partner Shri. Mansukh Tejabhai Timbadiya Vs Sadhana Vilas Mhatre and Ors.

Tukaram Barku Mhatre Vs Mr. Vasudev Vitthal Bhoir

Shri. Dhondu Mahadev Ghatge Vs Balkrishna Laxman Sukali and Ors.