Bombay High Court

ANUSAYA ALIAS SULEKHA MOHANRAO JAGTAPversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The petition is disposed of as the trial court has assured expeditious disposal of the pending suit.

Summary

Anusaya @ Sulekha filed a writ petition seeking assurance that the pending suit R.C.S. No.7 of 2019 be decided expeditiously. The petitioner, through counsel Mr. S.B. Gastgar, offered to withdraw the petition if such assurance was given. The High Court directed the trial court to submit a status report, which was provided by Civil Judge S.D. Ahmedpur, confirming that the suit had already been expedited and would be disposed of at the earliest. Relying on this assurance, the Court held that the petition could be disposed of without further orders. Consequently, the writ petition was dismissed, with the expectation that the trial court adhere to the timeline indicated in the earlier order.

Issues considered

Whether a High Court can dispose of a writ petition on the basis of an assurance from the trial court that a pending suit will be expedited
Whether the petitioner’s request for a binding direction to expedite the suit is maintainable

Subjects

writ petition
expeditious disposal
civil suit
assurance
jurisdiction
high court

Judgment

2026:BHC-AUG:15009


                                                   1                       wp 15218..odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                917 WRIT PETITION NO.15218 OF 2025

                              Anusaya @ Sulekha wd/o Mohanrao Jagtap
                                                VERSUS
                                 The State of Maharashtra and others.
                                                    ...
                           Advocate for Petitioner : Mr. S.B. Gastgar
                           AGP for Respondents State : Mr. S.K. Shirshe
                           Advocate for Respondent 5 : Mr. K.V. Patil
                                                    ...

                                         CORAM : S. G. CHAPALGAONKAR, J.
                                         Dated      : April 08, 2026

                     ORDER :-

                     1.    Not on board. Upon mentioning, taken on board.


                     2.    Mr. Gastgar, learned advocate appearing for the

                     petitioner submits that anxiety of the petitioner is that pending

                     R.C.S. No.7 of 2019 shall be expeditiously decided.            He

                     submits that he will not press for other prayers in the petition

                     and withdraw the same, if there is assurance that the suit is

                     expeditiously decided.


                     3.    On 7.1.2026 this Court had called Report from the

                     concerned Court regarding status of the suit.
                                2                        wp 15218..odt

4.       The learned Civil Judge S.D. Ahmedpur has submitted

his detailed report as to proceeding in the suit and after

referring to various writ petitions filed by the parties, assured

that since matter is already expedited by this Court, every

possible efforts would be made to dispose of it at the earliest.


5.       In light of aforesaid stipulations received from the Trial

Court, writ petition stands disposed of expecting that the

timeline given by this Court in the earlier order would be

adhered to by the Trial Court.


                                       ( S. G. CHAPALGAONKAR, J. )
                                    ...

AAA/-f

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