Bombay High Court
BHASKAR NAMDEO GAWKARE AND OTHERSversusSUDHAKAR NAMDEO GAWKARE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court directed the trial court to decide the pending civil suit within six months, thereby disposing of the writ petition.
Summary
The petitioners, Bhaskar Namdeo Gawkare and others, challenged an order dated 27 December 2016 passed by the District Judge‑2, Osmanabad in MCA No.16 of 2016. They sought the High Court’s intervention to curb the prolonged pendency of Regular Civil Suit No.474 of 2015, which had been pending since 2016. The Court, without examining the merits of the underlying civil suit, directed the trial court to dispose of the suit as expeditiously as possible, preferably within six months from the date of the order. Accordingly, the writ petition was disposed of. The decision emphasizes the Court’s power to issue directions to lower courts to prevent undue delay in civil proceedings.
Issues considered
- Whether the High Court can direct a trial court to decide a pending civil suit within a specified time frame to prevent undue delay
Subjects
- civil procedure
- delay in trial
- expeditious disposal
- writ petition
- direction to lower court
Judgment
2026:BHC-AUG:11998
Dilwale 1 40-WP-5229-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
40 WRIT PETITION NO. 5229 OF 2017
Bhaskar Namdeo Gawkare And Others
VERSUS
Sudhakar Namdeo Gawkare And Others
...
Advocate for the Petitioner : Mr. Murge Estling S
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.03.2026
PER COURT :
1. Heard the learned counsel for the petitioner for some time.
2. The petitioner is assailing the order dated 27th December
2016 passed by the District Judge-2, Osmanabad in M.C.A. No.16 of
2016.
3. Considering the fact that the proceedings are pending since
2016, without going into the merits of the matter, the present
petition can be disposed of by issuing necessary directions to the
Trial Court.
4. The Trial Court is directed to decide Regular Civil Suit No.474
of 2015 as expeditiously as possible and preferably within a period
of six months from the date of this order.
5. The Writ Petition is accordingly disposed of.
Dilwale 2 40-WP-5229-17.odt
[SIDDHESHWAR S. THOMBRE J.]
Checking your session…