Petitioner challenged a stay order by the first appellate court on a possession decree. The High Court declined to entertain the writ on jurisdictional grounds but directed the first appellate court to decide the appeal within nine months. Writ dismissed/Disposed.
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.
wp7254.24.O.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO.7254 OF 2024
(Prakash Tulshiram Wankhede Vs. Smt. Chetna Rupendra Ramteke and another)
Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar’s Orders.
Court's or Judge's orders.
Mr. P. A. Abhyankar, Advocate for Petitioner. Mr. S. A. Kalbande, Advocate for Respondent Nos.1 & 2/Caveator.
CORAM: N. R. BORKAR, J. DATE: 16th DECEMBER, 2024.
This petition takes exception to the order dated 31.08.2024 passed by the District Judge, Nagpur below Exh.5 in R.C.A. No.121/2024.
wp7254.24.O.odt
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NSN
2 issues framed by the court
Whether the High Court should entertain the writ petition challenging the stay order despite potential lack of Civil Court jurisdiction over the suit.
Whether the first Appellate Court is directed to decide the pending appeal within a specific timeframe.
Prakash Tulshiram Wankhede
Smt. Chetna Rupendra Ramteke
N. R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
