Bombay High Court
BHARAT SUKAJI JADHAVversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court directed the Wakf Tribunal to decide the pending Wakf Suit No.56/2011 within twelve weeks, thereby ensuring timely justice.
Summary
The petitioner, Bharat Sukaji Jadhav, a defendant in Wakf Suit No.56/2011, filed a writ petition alleging undue delay in the adjudication of his case before the Wakf Tribunal, which had been pending since July 2011. The petition sought relief from the High Court due to the Tribunal's failure to decide on a temporary injunction application filed in September 2011. The Court examined whether it could intervene to curb the delay and ensure speedy justice. It held that the prolonged pendency violated the principle of timely justice and that the High Court could direct the Tribunal to expedite its decision. Consequently, the Court ordered the Wakf Tribunal to render its judgment within twelve weeks of receiving the order, thereby disposing of the writ petition.
Issues considered
- Whether the High Court can direct a Wakf Tribunal to decide a pending suit within a specified time to prevent delay in justice
Subjects
- delay in justice
- Wakf Tribunal
- perpetual injunction
- temporary injunction
- writ petition
- high court intervention
Judgment
2026:BHC-AUG:41438-DB
1 51.WP.11459.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11459 OF 2026
BHARAT SUKAJI JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. B.G. Sagade
AGP for Respondent/State : Mr. V.M. Kagne
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 07.09.2026
PER COURT:
1. This is an instance of delay in rendering the justice. The
petitioner is defendant No.2 in the Wakf Suit No.56/2011 filed by the
Respondent No.2/Plaintiff, for perpetual injunction, is pending before
the Wakf Tribunal, since 06.07.2011. The application below Exhibit-5
for temporary injunction was rejected by order dated 06.09.2011.
2. We, therefore, deem it appropriate to dispose of the writ petition
by directing the Wakf Tribunal to decide the said suit within a period
of twelve (12) weeks from the date of receipt of copy of this order
after hearing all the parties.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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