Shri. Hanmant Haridas Kadam vs Sou. Radha @ Indu Gajanan Lohar And ...
2023 Latest Caselaw 1493 Bom

                                                                  1               17 wp 8508-19-c.odt


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIVIL APPELLATE JURISDICTION

                                                    WRIT PETITION NO.8508 OF 2019

                             Hanmant Haridas Kadam                          ... Petitioner
                                  Vs.
                             Radha @ Indu Gajanan Lohar and ors.            ... Respondents
                                                            -------

                             None for the Petitioner.
                             None for the Respondent.

                                                                   -------
                                                    CORAM :     ABHAY AHUJA, J.

                                                    DATE :      14th FEBRUARY, 2023.
                             P.C. :


                             1.         None for the parties.

2. This is a submission made by the registry pursuant to the request

received from the learned Joint Civil Judge, Junior Division, and J.M.F.C.,

Atpadi, District Sangali seeking extension of six months for disposal of

Regular Civil Suit No.97 of 2004.

3. On 21st March, 2022 this court had directed that hearing of the

suit be concluded within a period of six months. The said order was

Digitally signed by PRIYA communicated on 21st April, 2022. Thereafter, this court had granted an PRIYA RAJESH RAJESH SOPARKAR SOPARKAR Date:

2023.02.16 18:14:32 +0530

Priya Soparkar 1 of 2 2 17 wp 8508-19-c.odt

extension of three months to dispose the above suit.

4. The learned Civil Judge by his communication dated 22 nd

December, 2022 has informed that the court has completed recording of

evidence of the parties, and disposed of the miscellaneous applications,

heard the arguments of both sides. However, at the time of fixing of the

date of the judgment the Advocate for the plaintiff has filed an

application on 17th December, 2022 for delay condonation to set aside the

abatement order against deceased defendant No.8 and for taking steps to

bring the legal heirs of defendant No.8 on record. The learned Judge has

submitted that some time may be required to issue notice to the proposed

legal heirs and decide the application and therefore, the disposal of the

suit may take some more time.

5. Considering that this is a suit of the year 2004, this court grants

three months time to learned Civil Judge to dispose of the suit.

6. Ordered accordingly.

                                                (ABHAY AHUJA, J.)



Priya Soparkar                                                               2 of 2