Bombay High Court

RASHIDABEE AHMAD SAYYEDversusAHMAD DADAMIYA SAYYED AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A High Court may issue a procedural direction to a lower court to decide a pending suit within a stipulated period without delving into the merits of the case.

Summary

The petitioner, Rashidabee Ahmad Sayyed, filed a writ petition challenging an injunction order dated 25‑11‑2019 and its confirmation on 01‑01‑2020, which restrained him in RCS No. 36 of 2018. He contended that the suit, originally filed in 2018, should be decided within the stipulated time and sought a direction to the trial court. The High Court, after hearing counsel, declined to examine the merits of the underlying suit and instead directed the Civil Judge, Senior Division, Latur to render a decision on the suit within one year from the date of the order. The court thereby disposed of the writ petition. The order reflects the court’s power to issue procedural directions to lower courts to ensure timely disposal of pending suits.

Issues considered

Whether a High Court can direct a lower trial court to decide a pending civil suit within a specified time without adjudicating the merits of the suit.

Subjects

injunction
writ petition
civil suit
procedural direction
timely disposal

Judgment

                                  {1}                   WP12356-21.doc
drp
         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

                WRIT PETITION NO.12356 OF 2021

Rashidabee Ahmad Sayyed                                   PETITIONER

      VERSUS

Ahmad Dadamiya Sayyed and Others                       RESPONDENTS

                               .......
Mr. S. S. Shinde h/f Vivek V. Bhavthankar, Advocate for Petitioner
Mr. Satish S. Manale, Advocate for Respondent No.2
                               ....…

                       [CORAM : SIDDHESHWAR S. THOMBRE, J.]

                           DATE : 13th JANUARY, 2026

ORDER :

      Heard learned counsel for the respective parties.


2.    By way of present petition, the petitioner challenges the orders

dated 25.11.2019 passed below Exhibit 5 and Exhibit-42/2 by

learned 4th Joint Civil Judge Senior Division, Latur in RCS No.36 of

2018 whereby the injunction is clamped against the Petitioner. The

said order was confirmed by the order dated 01.01.2020 passed by

learned District Judge -4, Latur in in Misc Civil Appeal No. 102 of

2019 .


3.    Both the learned counsel submit that the purpose of the matter

will be served, if the Trial Court is directed to decide the suit within
                                  {2}                      WP12356-21.doc

the stipulated time, since the suit is of the year 2018.


4.    In view thereof, without going into the merits of the matter, the

learned Civil Judge, Senior Division, Latur is directed to decide RCS

No. 36 of 2018 within a period of one year from today.


5.    With the above directions, the writ petition is disposed of.




                                   [ SIDDHESHWAR S. THOMBRE ]
                                              JUDGE

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