Balu Namdeo Patil vs Vandanabai Bhausaheb Desale And ...
2016 Latest Caselaw 943 Bom

                                                                                 WP/9306/2013
                                                 1

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD




                                                                                
                                   WRIT PETITION NO. 9306 OF 2013




                                                        
     Balu s/o Namdeo Patil,
     Age : Major years, Occu : Agril.
     R/o. Chinchkheda,
     Tq. & Dist. Dhule.                                           ..Petitioner




                                                       
           Versus

     1     Vandanabai Bhausaheb Desale,
           Age : 42 years, Occu : Household,




                                            
     2     Abhishek Bhausaheb Desale,
                             
           Age : 17 years, Occu : Education,

     3     Kunal Bhausaheb Desale,
           Age : 16 years, Occu : Education,
                            
           No.2 and 3 are minor,
           U/g. of Vandanabai Bhausaheb Desale,

     4     Pradeep Ramesh Desale,
      

           Age : 31 years, Occu : Service.

     5     Ramdas s/o Ramesh Desale,
   



           Age : 27 years, Occu : Agril.

     6     Vasant s/o Trimbak Desale,
           Age : 50 years, Occu : Agril.





     7     Rajendra s/o Trimbak Desale,
           Died through his L.Rs.

     7-A Surekha Rajendra Desale,
         Age : 45 years, Occ. Household,





     7-B Mayur Rajendra Desale,
         Age : 22 years, Occ. Education,

     7-C Shubham Rajednra Desale,
         Age : 18 years, Occ. Education,

           (7-A to 7-C R/o. Chinchkheda,
           Tq. & Dist. Dhule.)

     8     Gulab s/o Trimbak Desale,
           Age : 53 years, Occu ; Agril.



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                                                                                 WP/9306/2013
                                                 2

     9     Ramesh s/o Trimbak Patil,
           Deceased Through L.Rs.




                                                                               
     9-A Mulabai Ramesh Desale,




                                                       
         Age : 45 years, Occu : Household

     9-B Vaishali w/o Prasanna Patil,
         Age : 26 years, Occu : Agril,
         All R/o. Chinchkheda,




                                                      
         Tq. & Dist. Dhule.                                      ..Respondents

                                           ...
                    Advocate for Petitioners : Shri Bhadgaonkar U.A.
              Advocate for Respondents : Shri Patni P.F. h/f Shri Desale N.N.




                                            
                                           ...
                              ig   CORAM : RAVINDRA V. GHUGE, J.

Dated: March 28, 2016 ...

ORAL JUDGMENT :-

1. Heard.

2. Rule.

3. By consent, Rule is made returnable forthwith and the petition is

taken up for final disposal.

4. The petitioner is aggrieved by the order dated 25.7.2013 delivered by

the Appeal Court on Application Exhibit 5 in Misc. Civil Appeal No.19 of

2013.

5. I have heard the learned Advocates for the litigating sides for quite

sometime.

WP/9306/2013

6. Considering the fact that the impugned order, which is an

interlocutory order, is in operation from 6.4.2013, not interfered with by

this Court vide order dated 8.5.2013 in Writ Petition No.3900 of 2013 and

has not been stayed by this Court even in this Writ Petition, ends of justice

would be met by directing the Appeal Court to decide the Civil Misc. Appeal

No.19 of 2013 expeditiously.

7. In the light of the above, this petition is disposed off without causing

any interference in the impugned order, but with the direction to the

Appeal Court to decide Civil Misc. Appeal No.19 of 2013 as expeditiously as

possible and preferably on/or before 31.8.2016.

8. Rule stands discharged. No order as to costs.

( RAVINDRA V. GHUGE, J. ) ...

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