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Bombay High Court

VIJAY PRABHAKAR NARLE AND ANOTHERversusKISAN SANDU MAGAR AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court disposed the writ petition and directed the trial court to conclude the suit within eight months, keeping the respondents' contentions open.

Summary

Petitioners Vijay Prabhakar Narle and others filed a writ petition challenging the findings of the Junior Division Civil Judge, Sillod, and the District Judge, Sambhajinagar, which had allowed the respondents' application under Order 39 Rules 1 and 2 of the Code of Civil Procedure and a subsequent application under Section 151 seeking police aid. The petitioners also appealed the trial court’s order to the District Judge, but that appeal was dismissed. The petitioners sought a direction from the High Court for the trial court to conclude the suit on its merits within a fixed period. The Court observed that the prayer was moderate and that the petitioners were free to pursue other legal remedies, but it could still intervene to ensure a timely disposal of the trial. Accordingly, the writ petition was disposed with an order directing the Junior Division Civil Judge, Sillod, to finish the trial within eight months, while keeping the respondents’ contentions open.

Issues considered

  • Whether the High Court may direct a trial court to conclude a pending suit within a specified time frame.
  • Whether the writ petition is maintainable despite prior orders under Order 39 and Section 151 CPC.

Legislation cited

Subjects

  • writ petition
  • Civil Procedure Code
  • Order 39
  • Section 151
  • temporary injunction
  • time‑bound trial
  • High Court direction

Judgment

2026:BHC-AUG:9766



                                                                               1-wp14102.2025


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 WRIT PETITION NO.14102 OF 2025

            Vijay Prabhakar Narle
            and ors.                                                     ..Petitioners

                    Vs.

            Kisan Sandu Magar
            and ors.                                                     ..Respondents

                                              ----
            Mr.Satish Dhobale, Advocate for petitioners
            Mr.V.S.Bhale, Advocate for respondent nos.1 to 7
                                              ----

                                              CORAM :     AJIT B. KADETHANKAR, J.
                                              DATE :      MARCH 04, 2026

            ORDER :-

                            The petitioner is aggrieved of the findings rendered by

            learned Jt. Civil Judge, Junior Division, Sillod and learned District Judge-

            12,     Chh.    Sambhajinagar.   The   application   filed    by   the   present

            respondents under Order 39 Rule 1 and 2 of the Code of Civil

            Procedure, 1908 came to be allowed by learned trial court.



            2.              The appeal filed by the present petitioner before learned

            District Judge-12, Chh. Sambhajinagar has also been turned down by

            learned appellate court. As against this, the petitioner has present this

            petition.
                                       2                             1-wp14102




3.             Mr.Dhoble however submits that after passing the order

of temporary injunction, the application under Section 151 of the

Code of Civil Procedure was moved by the respondents/plaintiffs,

seeking police aid. That application came to be allowed by learned

trial court.     Mr.Dhoble learned counsel would submit that the

petitioner is also aggrieved of the said order passed by learned trial

court under section 151 CPC. Needless to mention said order is not

part of the cause of the present petition and the petitioner is at

liberty to take appropriate legal recourse as is available in law.


4.             After arguing the matter for sometime, Mr. Dhobale,

learned counsel for the petitioner fairly states that the petition may

be disposed of with a direction to learned trial court to conclude the

trial in a time bound manner.


5.             I find that the prayer made by learned counsel for the

petitioner is moderate one and hence, I pass the following order:-


(i)            The Writ Petition is disposed with a request to learned Jt.

Civil Judge, Junior Division, Sillod, to make every endeavour to

conclude the trial and dispose of the suit on merits within period of

eight months from today.
                               3                       1-wp14102




(ii)   All contentions of respondents are kept open.




                        [AJIT B. KADETHANKAR, J.]


KBP


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