Bombay High Court
Madanmohan Parmsukhdas Moona And ... vs Bacchraj Factories Private ... on 4 July, 2017
Bench: I.K. Jain
WP 317.16.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.317 OF 2016
1] Madanmohan Paramsukhdas Moona,
Aged 83 years, Occupation-Cultivator,
R/o. Shegaon, Tahsil-Shegaon,
District-Buldhana.
2] Jagdambabai wd/o Nandkishore Moona,
Age 74 years, Occupation-Household.
3] Amitkumar s/o Nandkishore Moona,
Age 42 years, Occupation-Service.
4] Ku. Uma d/o Nandkishore Moona,
Age 38 years, Occupation-Service,
No.2 to 4 R/o. Khamgaon,
Tahsil-Khamgaon, District-Buldhana.
5] Charulata w/o Yogeshkumar Mehta,
Age 45 years, Occupation-Household,
R/o. Byawar, District-Ajmer (Rajasthan).
6] Urmiladevi wd/o Manmohan Moona,
Age 62 years, Occupation-Household.
7] Prashant s/o Manmohan Moona,
Age 37 years, Occupation-Cultivator.
8] Nishant s/o Manmohan Moona,
Age 36 years, Occupation-Cultivator.
9] Jayant s/o Manmohan Moona,
Age 34 years, Occupation-Cultivator.
No.6 to 9 R/o. Shegaon,
Tahsil-Shegaon, District-Buldhana.. PETITIONERS
.. VERSUS ..
1] Bacchraj Factories Private Limited,
through Director, A company
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WP 317.16.odt 2
Incorporated under The Indian
Companies Act, having its registered
office at Mumbai - Bajaj Bhavan,
226, Nariman Point, Bajaj Marg,
Mumbai-400 021.
2] Rajeshkumar s/o Muktilal Paldiwal,
Age Major, Occupation-Business.
3] Muktilal s/o Ganulalji Paldiwal,
Age Major, Occupation-Business.
4] Dineshkumar s/o Muktilal Paldiwal,
Age Major, Occupation-Business.
5] Taradevi w/o Muktilal Paldiwal,
Age Major, Occupation-Business.
6] Archana w/o Rajeshkumar Paldiwal,
Age Major, Occupation-Business.
7] Madhu w/o Dineshkumar Paldiwal,
Age Major, Occupation-Business.
8] Ganulal Kewalram, Hindu United
Family, through Karta Muktilal
Ganulal Paldiwal, R-1 to R-8 R/o.
Shegaon Main Road, Tahsil-Shegaon,
District-Buldhana.
9] Sudha Industries Private Limited,
A Company Incorporated under The
Indian Companies Act, having its
registered office at Shegaon Main Road,
Tahsil-Shegaon, District-Buldhana.
10] Kamlabai wd/o Shaligram Ganesh,
Age Major, Occupation-Household.
11] Suresh s/o Shaligram Ganesh,
Age Major, Occupation-Cultivator,
No.10 & 11 R/o.Kumbharwada Main
Road, Shegaon, Tahsil-Shegaon,
District-Buldhana.
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WP 317.16.odt 3
12] Sunita w/o Murlidhar Satav,
Age Major, Occupation-Household,
R/o. Kothali Main Road, Tahsil-Motala,
District-Buldhana.
13] Pushpa w/o Vinod Bhakre,
Age Major, Occupation-Household,
R/o. Morgaon (Bhakre), Tahsil-Balapur,
District-Akola.
14] Prahlad s/o Bhiku Ganesh Patil,
Age Major, Occupation-Cultivator,
R/o. Shegaon Main Road, Tahsil-Shegaon,
District-Buldhana.
15] Alukabai wd/o Shriram Ganesh Patil,
Age Major, Occupation-cultivator,
R/o. Shegaon Main Road, Tahsil-Shegaon,
District-Buldhana.
16] Govind s/o Shriram Ganesh Patil,
Age Major, Occupation-Cultivator,
R/o. Shegaon Main Road, Tahsil-Shegaon,
District-Buldhana.
17] Maheshwari Samaj Dharamshala Trust,
Shegaon Main Road, Shegaon, Tahsil-
Shegaon, District-Buldhana.
A Public Trust registered under Bombay
Public Trust Act, having Registration No.
PTR/A/892/Buldhana.
18] Santoshkumar Kisanlalji Dangra (Deleted)
19] Gopal s/o Kunjilal Rathi,
Age Major, Occupation-Cultivator,
R/o. Lakhpati Galli, Shegaon,
Tahsil-Shegaon, District-Buldhana.
20] Shayamsundar s/o Daulatram Rathi,
Age Major, Occupation-Business,
R/o. Shegaon Main Road, Tahsil-Shegaon,
District-Buldhana.
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WP 317.16.odt 4
21] Navneet s/o Chaturbhuj Chandak,
Age Major, Occupation-Business,
R/o. Lakhpati Galli, Shegaon,
Tahsil-Shegaon, District-Buldhana.
22] Premlal s/o Maniklal Sabu,
Age Major, Occupation-Professor,
R/o. Dhanuka Compound, Shegaon,
Tahsil-Shegaon, District-Buldhana.. RESPONDENTS
..........
Shri Prasad Dharaskar, Advocate holding for Shri Anand
Parchure, Advocate for petitioners,
Mrs. R.S. Sirpurkar, Advocate for respondent nos.2, 3, 5, 6
and 8.
..........
CORAM : KUM. INDIRA JAIN, J.
DATED : JULY 04, 2017.
ORAL JUDGMENT
Rule. Rule made returnable forthwith. Heard finally
with the consent of the learned counsel for parties.
2] A short grievance in the petition is that dispute
between parties arose in the year 1967 and Ad-hoc District
Judge-1, Khamgaon, District - Buldhana has not yet decided
Regular Civil Appeal Nos.83/2012 and 84/2012. Petitioners
in this petition seek directions to expedite the hearing of
both the appeals.
3] Vide order dated 16.12.2016, report from the court
of District Judge was called. In pursuance to the said order,
learned Ad-hoc District Judge-1, Khamgaon has submitted
report dated 2.1.2017. On perusal of report, it can be seen
that paper book has been prepared and received by the
parties in the year 2016. Appeals are thus ready for final
hearing.
4] Considering the long-drawn controversy between
the parties, this court is inclined to issue the following
directions in writ jurisdiction.
(i) Learned Ad-hoc District Judge-1,
Khamgaon to decide Regular Civil Appeal Nos.83/2012 and
84/2012 within a period of two months from the date of
receipt of this order.
(ii) It is made clear that further extension if
so asked would not be granted.
(iii) Writ Petition stands disposed of.
(iv) Rule is made absolute in terms of prayer
clause (A).
(v) No costs.
(Kum. Indira Jain, J.)
Gulande, PA
