Bombay High Court
DEVIDAS DAGDU JADHAV AND ANOTHERversusMAHADEV RAMKRUSHNA JADHAV
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed, but the trial court is directed to decide the suit expeditiously, preferably within one year.
Summary
The petitioners, Devidas Dagdu Jadhav and another, filed a writ petition challenging two orders: one dated 22‑12‑2016 passed by the Principal District Judge, Osmanabad in Miscellaneous Civil Appeal No.18 of 2015, and another dated 30‑01‑2015 passed by the Joint Civil Judge, Junior Division, Tuljapur in R.C.S. No.273 of 2013. They contended that justice would be served if the trial court were directed to decide the suit within the stipulated period. The learned Advocate for the petitioners, Mr. Santosh N. Patne, argued that the High Court should issue a mandamus directing the lower court to expedite the decision. The Bench, after hearing counsel, found no ground to interfere with the trial court’s discretion beyond ordering speedy disposal. Consequently, the petition was disposed of, and the trial court was directed to decide R.C.S. No.273 expeditiously, preferably within one year from the date of the order. The judgment reflects the Court’s limited intervention in procedural timelines of subordinate courts.
Issues considered
- Whether the High Court can direct a subordinate trial court to decide a civil suit within a specific time frame under a writ petition.
Subjects
- writ petition
- mandamus
- expeditious disposal
- civil suit
- high court direction
- trial court
Judgment
2026:BHC-AUG:16276
1 of 2 36-WP.2415.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
36 WRIT PETITION NO. 2415 OF 2017
DEVIDAS DAGDU JADHAV AND ANOTHER
VERSUS
MAHADEV RAMKRUSHNA JADHAV
...
Mr. Santosh N. Patne, Advocate for the Petitioners.
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 10th APRIL, 2026
P.C.:-
1. Heard Mr. Santosh Patne, learned Advocate for the
Petitioners.
2. By the present petition, the Petitioners are assailing the order
dated 22.12.2016 passed by the learned Principal District Judge,
Osmanabad in Misc. Civil Appeal No.18 of 2015 as well as the order
dated 30.01.2015 passed below Exhibit-5 by the learned Joint Civil
Judge, Junior Division, Tuljapur in R.C.S. No.273 of 2013.
3. The learned Advocate for the Petitioners submits that the
ends of justice would be met if this Court directs the Trial Court to
decide the suit itself within the stipulated period.
4. In view of the above, the present petition is disposed of.
5. The learned Trial Court is directed to decide R.C.S. No.273 of
Tauseef
2 of 2 36-WP.2415.2017
2013 expeditiously and preferably within a period of one year from
today.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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