Bombay High Court

TULJIRAM YEDBA PATULEversusMOHAN BHAGWAT GAIKWAD

Disposal: DISPOSED OFF
Bench: NEERAJ P DHOTE

Holding

The writ petition is disposed of as withdrawn.

Summary

The petitioner filed a writ petition seeking leave to withdraw the petition and requested that the Civil Judge Junior Division, Paranda, be directed to decide Regular Civil Suit No.392/2014 within three months. The respondent's counsel appeared. The High Court, after noting the petitioner's request, disposed of the writ petition as withdrawn. The court clarified that the petitioner, as plaintiff in the suit, may apply to the trial court for an expeditious, time‑bound disposal, which the trial court will consider based on its pendency and the suit's history since 2014. No substantive merits of the suit were addressed.

Issues considered

Whether the petitioner may withdraw the writ petition.
Whether the High Court can direct the trial court to decide the civil suit within a specified period.

Subjects

writ petition
withdrawal
civil suit
expeditious disposal
jurisdiction

Judgment

                                  1
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD.

                   902 WRIT PETITION NO.5319 OF 2023

                             Tuljiram Yedba Patule
                                    VERSUS
                           Mohan Bhagwat Gaikwad
                                        …..
               Shri. Shoyab Shaikh, Advocate for the Petitioner
     Shri. Suresh P. Salgar h/f. Shri. Anant R. Devakate, Advocate for the
                                  Respondent
                                        …..


                                CORAM :       NEERAJ P. DHOTE, J.
                                Dated     :   JULY 02, 2026

PER COURT :-

.       The learned Advocate for the Petitioner, on instructions, seeks
leave to withdraw the Petition. He submits that, the learned Civil Judge
Junior Division, Paranda, Dist. Dharashiv, be directed to decide Regular
Civil Suit No.392/2014 within the stipulated period of three (3) months.


2.      The learned Advocate for the Respondent is present.


3.      In view of the above, the Petition stands disposed of as
withdrawn. The Petitioner, who is the Plaintiff in the said Suit, is at
liberty to apply to the learned Trial Court for expeditious time bound
disposal of the said Suit. If such Application is made, the same shall be
considered by the learned Trial Court by considering the pendency in the
Court and pendency of the Suit from the year 2014.




                                                ( NEERAJ P. DHOTE, J. )

GGP

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