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Bombay High Court

SHRI DIGAMBAR VITHOBA KAMBLE AND ANRversusSHRI BAPU SADHU KAMBLE AND ORS

Disposal
Disposed Off

Holding

The appeal from the order is dismissed, and the order remains in force.

Summary

The appellants challenged a judgment dated 14 August 2015 of the District Judge, Sangli, which had rejected their application for a stay in Regular Civil Appeal No. 59 of 2014. The order had been in force for more than eleven years without any further hearing. The High Court examined whether it was appropriate to disturb an order that had been operative for such a long period. It held that there was no justification to interfere with the order after the lapse of time. Consequently, the appeal from the order was dismissed and the district judge was directed to dispose of the pending civil appeal within one year.

Issues considered

  • Whether an order that has been operative for over eleven years can be set aside on appeal
  • Whether the High Court should intervene to expedite the disposal of the pending civil appeal

Subjects

  • appeal from order
  • delay in justice
  • expeditious disposal
  • civil procedure
  • stay application

Judgment

                                                                          907-AO-99-2016 (C).doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION

                                     APPEAL FROM ORDER NO. 99 OF 2016

                      Shri Digambar Vithoba Kamble & Anr.           …...Appellants
                            VERSUS
                      Shri Bapu Sadhu Kamble & Ors.                 …...Respondents
                                                   WITH
                                 CIVIL APPLICATION IN AO NO. 134 OF 2016
                                                     IN
                                   APPEAL FROM ORDER NO. 99 OF 2016

                      Shri Digambar Vithoba Kamble & Anr.           …...Appellants
                            VERSUS
                      Shri Bapu Sadhu Kamble & Ors.                 …...Respondents
                                                   WITH
                                 CIVIL APPLICATION IN AO NO. 616 OF 2017
                                                     IN
                                   APPEAL FROM ORDER NO. 99 OF 2016

                      Shri Digambar Vithoba Kamble & Anr.                  …...Appellants
                            VERSUS
                      Shri Bapu Sadhu Kamble & Ors.                        …...Respondents

                                                   WITH
                                  CIVIL APPLICATION IN AO NO. 1322 OF 2016
                                                     IN
                                     APPEAL FROM ORDER NO. 99 OF 2016

                      Shri Digambar Vithoba Kamble & Anr.                  …...Appellants
                            VERSUS
                      Shri Bapu Sadhu Kamble & Ors.                        …...Respondents

                                                        ...
         Digitally
         signed by
                      Mr. S. A. Rajeshirke a/w Adv. S. R. Vasekar for Appellants.
         TALLE
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
                      None for the Respondents.
ASHOKRAO Date:
         2026.06.15
         10:24:19
                                                        ...
         +0530




                      Shubham                                                                 1/3
                                                     907-AO-99-2016 (C).doc



                              CORAM: SANDESH D. PATIL, J.
                              DATED: 12th JUNE 2026
P.C.:-

1.       The present Appeal From Order is directed against the

judgment and order dated 14th August 2015 passed by the learned

District Judge, Sangli, whereby the application filed by the Appellant

seeking stay was rejected in Regular Civil Appeal No. 59 of 2014.


2.       The impugned order has been in operation since 14th August

2015. Thus, it has remained operative for more than eleven years. In

the circumstances, there is no reason to interfere with the said order

after such a long lapse of time. The interests of justice would be

better served by directing the expeditious disposal of Regular Civil

Appeal No. 59 of 2014. Hence, the following order:

                               ::ORDER::


     a)       The Appeal From Order is dismissed.


     b)       The learned District Judge-6, Sangli, is requested to
     decide Regular Civil Appeal No. 59 of 2014 as expeditiously as
     possible. Since the matter has been pending for the last eleven
     years, the learned District Judge is requested to dispose of the
     same within a period of one year from today.



Shubham                                                                  2/3
                                                      907-AO-99-2016 (C).doc

3.    The Appeal From Order stands disposed of accordingly.


4.    In view of the disposal of the Appeal From Order, all pending

applications, if any, also stand disposed of.



                                                (SANDESH D. PATIL, J.)




Shubham                                                                   3/3


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