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Bombay High Court

MERABAI BUDDHAR PATEL AND OTHERSversusMUKHTAR SABIR ANSARI AND ANOTHER

Disposal
DISPOSED OFF

Holding

The writ petition is disposed of, with the High Court directing the appellate court to decide the pending civil appeal within one year.

Summary

The petitioners, Merabai Buddhar Patel and others, filed a writ petition (No. 290 of 2020) challenging an order dated 1 October 2019 passed by the Ad‑hoc District Judge‑1, Shahada, in Regular Civil Appeal No. 16 of 2019. The petition had been pending since 2020 with no interim relief granted. The High Court, after reviewing the record, chose not to examine the merits of the challenged order. Instead, it directed the appellate court to dispose of the pending civil appeal within one year from the date of the order. Consequently, the writ petition was disposed of on the basis of this procedural direction.

Issues considered

  • What procedural step should the High Court take when a writ petition challenges an order in a pending civil appeal?

Subjects

  • writ petition
  • civil appeal
  • procedural direction
  • disposal
  • appellate court jurisdiction

Judgment

2026:BHC-AUG:12195
              Dilwale                                        1                  114-WP- 290-20.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                              114 WRIT PETITION NO. 290 OF 2020
                                Merabai Buddhar Patel And Others
                                             VERSUS
                                Mukhtar Sabir Ansari And Another
                                                 ...
             Advocate for the Petitioners : Mr. S. S. Khodke h/f Mr. Deshpande
             Chaitanya C
             Advocate for Respondents : Mr. A . R. Syed h/f Mr. S. P. Pandit
                                                 ...
                                  CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE          : 18.03.2026

             PER COURT :
             1.         Heard the learned counsel for the respective parties.

             2.         In the present proceedings, after going through the record, I find

             that the petitioners are assailing the order dated 1st October, 2019,

             passed below Exhibit-5 by the Ad-hoc District Judge-1, Shahada, in

             Regular Civil Appeal No.16 of 2019.

             3.         It appears that the present petition has been pending since 2020

             and no interim order is operating in the present petition. Therefore,

             without going into the merits of the matter, I am inclined to dispose of

             the petition by directing the Appellate Court to decide the appeal, i.e.,

             Regular Civil Appeal No.16 of 2019, within a period of one year from

             today.

             4.         The writ petition stands disposed of in the above terms.



                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE


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