Bombay High Court
SANDEEP JANARDHAN BARIversusMADHAVRAO WAMANRAO PATIL DIED THR LRS SUMANBAI M PATIL AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court directed the District Judge to expedite the decision of the pending civil appeal within six months and ordered the parties to maintain the status quo.
Summary
Petitioner Sandeep Janardhan Bari filed a writ petition seeking the High Court's intervention to expedite the hearing of Regular Civil Appeal No. 16 of 2023, which had been pending since 2023. The petitioner claimed possession of the disputed property and requested that the appellate court be directed to decide the appeal within a fixed period, while maintaining the status quo. Respondents, represented by counsel, waived service of notice. The Court, after hearing both sides, ordered the learned District Judge of Dhule to decide the appeal as expeditiously as possible, preferably within six months, and directed that the parties maintain the status quo pending the appellate decision. The writ petition was consequently disposed of.
Issues considered
- Whether the High Court can direct a lower appellate court to decide a pending civil appeal within a stipulated time frame
- Whether the status quo should be maintained pending the decision of the appellate court
Subjects
- writ petition
- expeditious disposal
- civil appeal
- status quo
- high court direction
- property possession
Judgment
940-WP-5338-26.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
940 WRIT PETITION NO. 5338 OF 2026
Sandeep Janardhan Bari
VERSUS
Madhavrao Wamanrao Patil (Died)
Through L.Rs. Sumanbai M Patil And Others
......
Mr. Chaitanya C. Deshpande, Advocate for Petitioner
Mr. Mirza Mazhar Javed Baig, Advocate for Respondents
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
[VACATION COURT]
DATE : 20 MAY, 2026
PER COURT :
1. Heard the learned counsel for the respective parties for some time.
2. Issue notice to respondents. Mr. Mirza Mazhar Javed Baig, learned
advocate for respondents waives service of notice for respondents.
3. Learned counsel for both sides submit that the purpose would be served
if this Court directs the Appellate Court to decide Regular Civil Appeal No.16 of
2023 within a stipulated period, as the said appeal has been pending since
2023.
4. Considering the above submissions, the present writ petition is disposed
of by directing the learned District Judge, Dhule, to decide Regular Civil Appeal
No.16 of 2023 as expeditiously as possible and preferably within a period of six
(6) months from the date of receipt of this order.
940-WP-5338-26.odt
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5. In view of the fact that the petitioner is stated to be in possession of the
property, the parties shall maintain status quo till the Appellate Court decides
the appeal.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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