Petitioner sought withdrawal of a writ petition and requested expeditious disposal of Special Civil Suit No.436 of 2017 pending before the Trial Court. The Court declined costs, directed the Trial Court to decide the suit within one year, kept all contentions open, and disposed of the petition as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4.wp.6149.24.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6149 OF 2024
M/s. Sneha Construction, Petitioner
Through Partner Nandu A. Rajput..(Orig. Plaintiff)
Versus
Mahadev Laxman BarateRespondent
..(Orig. Defendant)
Mr. Abhijit P. Kulkarni, Advocate for Petitioner.Mr. Veerdhaval Kakade, Advocate for Respondent.CORAM :MILIND N. JADHAV, J. DATE :MAY 03, 2024.
P.C.:
1. Heard Mr. Kulkarni, learned Advocate for Petitioner and Mr.
Kakade, learned Advocate for Respondent.
2. Mr. Kulkarni, on instructions seeks withdrawal of the
present Writ Petition. However, in the interest of justice he makes a
request that Special Civil Suit No.436 of 2017 pending before the
learned Trial Court be directed to be disposed of expeditiously.
3. Mr. Kakade would submit that there are two other Writ
Petitions filed by the Petitioner before the coordinate benches of this
Court. Hence it is the Petitioner who is delaying the Suit proceedings.
He prays for costs against the Petitioner. Since the Petition is
withdrawn at the outset when being called out without arguing the
same, I am not inclined to levy any costs.
1 of 2
4.wp.6149.24.doc
4. In the interest of justice, the learned Trial Court is directed by this Court to determine Special Civil Suit No.436 of 2017 as expeditiously as possible and in any event within a period of 1 year from today strictly in accordance with law.
5. All contentions of both the parties are expressly kept open.
6. Writ Petition is disposed of as withdrawn.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed by AJAYTRAMBAK AJAY TRAMBAKUGALMUGALE UGALMUGALE Date: 2024.05.03 18:36:32 +0530
2 of 2
M/s. Sneha Construction (through Partner Nandu A. Rajput)
Mahadev Laxman Barate
Milind N. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court