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Bombay High Court

TAMIZABI MANZOOR AHMED KHAN POA NAZEER AHMEDKHAN MANJUR AHMED KHANversusSAYED AMANAT SHARFODDIN USTAND DIED THROUGH LRS MAQBOOLBI AMANAT USTAD AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court directed the District Judge to conclude the pending appeal within six months and disposed the writ petition without addressing the merits.

Summary

The petitioner filed a writ petition seeking a direction to the District Court to conclude a pending appeal and an associated application for temporary injunction, which had been rejected. The petitioner argued that a time‑bound disposal of the appeal would serve his purpose. The respondents consented to the proposition. The High Court, after hearing counsel, ordered the District Judge to dispose of Miscellaneous Civil Appeal No.11 of 2023 within six months of the parties placing a copy of the order on record. The writ petition was consequently disposed without any comment on the merits of the underlying dispute. No substantive merits of the case were examined.

Issues considered

  • Whether the High Court can direct a lower court to expedite the disposal of a pending appeal.
  • Whether such a direction falls within the jurisdiction of the High Court under Article 226 of the Constitution.

Subjects

  • writ petition
  • injunction
  • district court
  • appeal
  • interim relief
  • court directions
  • civil procedure
  • Article 226

Judgment

2026:BHC-AUG:40009

                                                  (1)                 915-WP-2688-2024


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                  915 WRIT PETITION NO. 2688 OF 2024

            Tamizabi Manzoor Ahmed Khan Poa Nazeer Ahmedkhan Manjur Ahmed Khan
                                           VERSUS
             Sayed Amanat Sharfoddin Ustand Died Thr. Lrs. Maqboolbi Amanat Ustad &
                                             Ors.
                                              WITH
                                    CIVIL APPLICATION NO. 6018 OF 2025
                                              IN WP-2688-2024
            Tamizabi Manzoor Ahmed Khan Poa Nazeer Ahmedkhan Manjur Ahmed Khan
                                           VERSUS
           Sayed Amanat Sharfoddin Ustand Died Through Lrs Maqboolbi Amanat Ustad
                                               & Ors.
                                                …..
           Mr. A. A. Shaikh h/f., Mr. Anandsingh Bayas, Advocate for Petitioner.
           Mr. G. R. Sayed, Advocate for Respondent Nos.1-A to 1-I.
                                                …..
                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATE     : SEPTEMBER 1, 2026.

           PC :-

           1.        Heard.

           2.        At the outset, Mr. Bayas, learned counsel for the petitioner, fairly

           submits that the petitioner restricts his petition to a very limited extent. He

           would submit that, as against the order rejecting the plaint under Order VII

           Rule 10 of the CPC, the petitioner has filed an appeal before the District

           Court. He would submit that, in the said appeal, an application seeking

           temporary injunction was filed, which came to be rejected, and hence, the
           Kiran Kawre
                                          (2)                      915-WP-2688-2024


writ petition has been filed before this Court. Today, he submits that his

purpose would be served if directions are given to the District Court to

conclude the proceedings in the appeal in a time-bound manner.

3.        Mr. G. R. Sayed, learned counsel for the respondents, would fairly

agrees to such proposition.

4.        The request advanced by Mr. Bayas, learned counsel for petitioner, is

absolute and moderate.

5.        The learned District Judge, Udgir, is requested to conclude the

proceedings in Miscellaneous Civil Appeal No.11 of 2023 within a period of

six months from the date on which the parties place a copy of this order on

record.

6.        In view of this, the Writ Petition stands disposed of.

7.        Pending Civil Applications, if any, stand disposed of.

8.        It is made clear that this Court has not commented on the merits of the

case of either sides.



                                                 [AJIT B. KADETHANKAR, J.]




Kiran Kawre


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