Bombay High Court

AMOL SUNIL KSHIRSAGAR AND ANOTHERversusDADASAHEB PANDHARINATH DHOLE

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court directed the trial court to decide the Special Civil Suit within six months, without expressing any view on the merits.

Summary

The petitioners, Amol Sunil Kshirsagar and another, filed a writ petition challenging the order of the District Judge confirming a stay order in Special Civil Suit No. 25 of 2021. They sought a direction that the trial court should not allow any third‑party interest and should decide the suit within a fixed time. The High Court, after hearing counsel, did not examine the merits of the underlying civil dispute but ordered the trial court to render its decision within six months from the date of the order. The Court also clarified that the interim relief granted on 13 September 2023 continues only for the purpose of keeping the stay operative. No findings on the substantive issues were recorded, and the petition was disposed.

Issues considered

Whether the High Court can direct the trial court to decide the Special Civil Suit within a stipulated period without deciding the merits

Subjects

writ petition
stay order
civil suit
interim relief
direction to trial court
procedural order

Judgment

2026:BHC-AUG:4567

                                                1                    WP / 11502 / 2023



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              1038 WRIT PETITION NO. 11502 OF 2023

                             AMOL SUNIL KSHIRSAGAR AND ANOTHER
                                           VERSUS
                               DADASAHEB PANDHARINATH DHOLE

                                                   ...
                                Advocate for petitioners : Mr. A.V. Hon
                             Advocate for the respondent : Mr. P.B. Shirsat
                                                   ...

                           CORAM              : SIDDHESHWAR S. THOMBRE, J.

                           DATE               : 08 JANUARY 2026

              PER COURT :

                           Heard learned counsel for the parties.

              2.           By way of present petition, the petitioners assail the order

              dated 17.08.2023 passed below Exhibit – 29 by learned District Judge-

              1, Shrigonda in Misc. Civil Appeal No. 43 of 2022, whereby the order

              dated 20.09.2022 passed by the learned Civil Judge, Senior Division,

              Shrigonda below exhibit - 5 in Special Civil Suit No. 25 of 2021 was

              confirmed.

              3.           By way of an application below Exhibit - 5 present

              petitioners sought a prayer that during the pendency of the Special

              Civil Suit No. 25 of 2021, the defendant be directed not to create third

              party interest. Learned trial Court and the appellate Court had not

              considered the same but this Court while issuing notices on
                                  2                   WP / 11502 / 2023


13.09.2023, ordered that the stay granted by the appellate Court on

25.08.2023, shall continue to operate until further orders and which is

continued till this date.


4.           After arguing for some time, learned counsel for the

petitioners submits that the purpose of the petition would be served, if

the trial Court is directed to decide the suit itself within a stipulated

period.


5.           Therefore, without going into the merits of the matter,

present petition is disposed of by directing the trial Court to decide the

Special Civil Suit no. 25 of 2021 within a period of six months from

today.


6.           It is made clear that this Court has not recorded any

finding on the merits of the matter.


7.           The interim relief granted by this Court on 13.09.2023 to

continue till the disposal of Special Civil Suit No. 25 of 2021. The

interim relief is continued only on the ground that the same is operation

since 13.09.2023.




                                [ SIDDHESHWAR S. THOMBRE ]
                                          JUDGE

arp/

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