Ashok Shankar Bhoshte vs Babasaheb Trimbak Pawar And ...
2017 Latest Caselaw 957 Bom

                                                     Writ Petition No.5838/2016
                                        1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                        WRIT PETITION NO.5838 OF 2016


 Ashok s/o Shankar Boshte
 Age 40 years, Occu. Agril.,
 R/o Usthal-Khalsa, Tq. Newasa,
 District Ahmednagar.                          ...      PETITIONER

          VERSUS

 1.       Babasaheb Trimbak Pawar,
          Age 66 years, Occu. Agril.,

 2.       Ramesh Babasaheb Pawar
          Age 40 years, Occu. Agril.,

 3.       Ganesh Babasaheb Pawar
          Age 35 years, Occu. Agril.,

          All R/o Usthal-Khalsa, Tq. Newasa,
          District Ahmednagar.

 4.       The State of Maharashtra,
          through its Collector,
          Ahmednagar.

 5.       The Executive Engineer,
          Jayakwadi Project
          Construction Division No.3.,
          Garkheda, Aurangabad

 6.       Ramesh Pandurang Pawar,
          Age 45 years, Occu. Agril.,

 7.       Deepali Kashinath Pawar
          Age 25 years, Occu. Agril.,

 8.       Mangalbai Kashinath Pawar,
          Age 50 years, Occu. Agril.,

 9.       Savita Rajesh Pawar
          Age 34 years, Occu. Agril.,



::: Uploaded on - 27/03/2017                  ::: Downloaded on - 28/03/2017 00:39:50 :::
                                                       Writ Petition No.5838/2016
                                          2


          All R/o Usthal-Khalsa, Tq. Newasa,
          District Ahmednagar.               ...           RESPONDENTS

                                .....
 Shri V.S. Bedre, Advocate for petitioner
 Shri S.K. Tambe, A.G.P. for State
 Shri N.K. Kakade, Advocate for respondent No.7 to 9
                                .....


                                 CORAM:       S. B. SHUKRE, J.

                                 DATED:       22nd March, 2017.


 ORAL JUDGMENT :



 1.               Heard.       This petition is already admitted for final

 hearing.        However, the parties expressed that, owing to stay

granted by this Court to the order dated 11/5/2016, passed by

the learned District Judge in Misc. Civil Appeal No.5/2016, the

parties are experiencing some difficulties in prosecuting the suit

itself although this Court has made it clear that suit may

proceed. The parties agree that, if the trial Court is directed to

dispose of the suit itself as expeditiously as possible, within a

fixed time-frame, the interest of justice shall be served.

2. In view of the above, the trial Court is directed to

dispose of the suit within three months from the date of

appearance of the parties before it. The parties shall appear

before the trial Court on 6th April 2017, on which date, as far as

Writ Petition No.5838/2016

possible, issues shall be framed and if the issues could not be

framed on that date, same shall be framed within a week's time

thereafter and then the suit shall proceed as expeditiously as

possible, may be on day-to-day basis, in the discretion of the

trial Court. The plaintiffs as well as defendants shall co-operate

with the trial Court in expeditious disposal of the suit.

3. The stay granted by this Court on 16/6/2016 is

vacated and the parties are directed to maintain status quo as of

today till final disposal of the suit. No adjournment except for

reasons beyond control, shall be granted.

4. Rule is made absolute in the above terms. No costs.

( S. B. SHUKRE ) JUDGE

fmp/