Pradip S/O Pandurang Ghonge vs Sau Ashika Ashok Jadhav and Ors. — Bombay HC (2025) — LawSathi Research

Pradip S/O Pandurang Ghonge vs Sau Ashika Ashok Jadhav and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned Civil Judge Junior Division, Dehurukh to conclude the trial in Regular Civil Suit No.40 of 2016 as expeditiously as possible and in any event within six months from the date of receipt of the order; all parties to cooperate in the expeditious disposal; all parties to act on an authenticated copy of the order.

Issue for consideration

Whether the Court should direct the learned Civil Judge Junior Division, Dehurukh to decide Regular Civil Suit No.40 of 2016 expeditiously, having regard to the Petitioner being a senior citizen aged 62 years suffering from lung cancer and the suit remaining unconcluded since its filing in 2016.

Court's answer

The Court found that no prejudice would be caused to any of the parties if the suit were expeditiously disposed of, considering that two of the Respondents, who are the original plaintiffs, are also senior citizens.

Ratio / Principle

The Court held it unnecessary to issue notice to the Respondents, who are the original plaintiffs in the suit, since expeditious disposal of the suit was sought.

Key takeaways

The Court directed the learned Civil Judge Junior Division, Dehurukh to conclude the trial in Regular Civil Suit No.40 of 2016 as expeditiously as possible and in any event within six months from the date of receipt of the order, in view of the Petitioner suffering from lung cancer and the suit being of the year 2016.ratio¶21
All parties were directed to cooperate in the expeditious disposal of the suit.ratio¶22

Detailed headnote1 paragraphs

Writ Petition — expeditious disposal of civil suit — Petitioner, a senior citizen aged 62 years suffering from lung cancer (documents evidencing the illness placed on record), sought a direction to the learned Civil Judge Junior Division, Dehurukh to decide Regular Civil Suit No.40 of 2016, pending since 2016 with the trial unconcluded, as expeditiously as possible and preferably within three months — Respondents are the original plaintiffs in the suit, two of whom are also senior citizens, hence no notice was issued and no prejudice was found — Court directed the trial court to conclude the trial as expeditiously as possible and in any event within six months from the date of receipt of the order, with all parties to cooperate — Petition allowed and disposed of; parties to act on an authenticated copy.

2025:BHC-AS:23529

908-wp-15281-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.15281 OF 2024

Pradip s/o. Pandurang Ghonge …..Petitioner Vs.

Ashika Ashok Jadhav & Ors. …..Respondents

Mr. Girish Awale, for the Petitioner.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. DATE : 12^th JUNE 2025.

P.C.:-

Heard learned counsel for the Petitioner.

By this Petition, the only relief sought by the Petitioner is a direction to the learned Civil Judge Junior Division, Dehurukh to decide Regular Civil Suit No.40 of 2016 as expeditiously as possible and preferably within three months.

Having regard to the aforesaid relief sought, we do not

deem it necessary to issue notice to the Respondents, who are original plaintiffs in the said suit. Expeditious disposal of the said suit is primarily sought on two grounds; (i) that, the Petitioner is a senior citizen, aged 62 years and is suffering from lung cancer and (ii) that,

the suit is filed in the year 2016 and till date the trial has not

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Gaikwad RD

908-wp-15281-2024.doc

concluded. The Petitioner has placed on record certain documents evidencing that he is suffering from lung cancer.

No prejudice would be caused to any of the parties if the said suit is expeditiously disposed of, considering that the two of the Respondents, who are original plaintiffs, are also senior citizens.

Considering the aforesaid, in particular, the fact, that the Petitioner is suffering from lung cancer and that the said suit is of the year 2016, we deem it appropriate to direct the learned Civil Judge Junior Division, Dehurukh to conclude the trial in Regular Civil Suit No.40 of 2016 as expeditiously as possible and in any event, within six months from the date of receipt of this order.

Needless to state that all the parties to cooperate in the expeditious disposal of the said suit.

The Petition is allowed and disposed of in the aforesaid

terms.

All parties to act on an authenticated copy of this order.

(DR. NEELA GOKHALE, J.)

(REVATI MOHITE DERE, J.)

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Gaikwad RD Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 16/06/2025 16:46:42