This Writ Petition was disposed of by accepting the Minutes of Order filed by the parties. The Court directed the Trial Court to decide the pending Special Civil Suit within six months and dismissed the Writ Petition.
Trial Court directed to decide the suit within six months. Writ Petition disposed.
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P3. CIVIL WP-3151-2024.docx
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3151 OF 2024
Versus
Mahesh Nilkanth Buddhe & Ors. .. Respondents
CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 4, 2024
P. C.:
1. Not on board. Mentioned. Taken on board.
2. Perused the praecipe dated 04.09.2024.
3. Heard Mr. Narvankar, learned Advocate for Petitioner; Mr.
Kinkar, learned Advocate for Respondent No. 1 and Mr. Patil, learned Advocate for Respondent Nos. 2 and 3.
4. Parties have filed Minutes of Order dated 03.09.2024 which are signed by learned Advocates appearing for the parties. I have perused the Minutes of Order and on reading the same, it is seen that there can be no impediment in taking the said Minutes of Order on record for disposal of the present Writ Petition. Minutes of order is running into two pages. They are taken on record and marked "X" for
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P3. CIVIL WP-3151-2024.docx
identification. For the purpose of reference and convenience, they are scanned and reproduced below:-
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P3. CIVIL WP-3151-2024.docx
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P3. CIVIL WP-3151-2024.docx
5. The obligations and undertakings recorded in the Minutes of
Order are accepted as undertaking given to this Court and the parties shall abide by the same.
6. Order in terms of the Minutes of Order.
7. Considering the fact that Suit is of the year 2015, Learned Trial Court is directed to decide Special Civil Suit No. 93/2015 as expeditiously as possible and in any event within a period of six months from today strictly in accordance with law and after allowing both the parties to lead their respective evidence. Parties shall cooperate with the Trial Court and shall not seek unnecessary adjournment unless it is absolutely necessary in case of any urgency or emergency.
8. Learned Trial Court shall not be influenced by any of the observations made in the impugned orders as well as this order while deciding the Suit proceedings.
9. All contentions of the parties are expressly kept open.
10. In view of the above, Writ Petition stands disposed.
Amberkar
Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:2024.09.04 14:26:32 +0530
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2 issues framed by the court
Whether the Minutes of Order signed by parties can be relied upon for disposal of the Writ Petition.
Whether the Trial Court should decide long-pending suit expeditiously within six months.
1 provisions across 1 enactments
Mangesh Nilkanth Buddhe
Mahesh Nilkanth Buddhe
Ors.
MILIND N. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
