Bombay High Court

PRAKASH NAMDEV PATIL AND OTHERSversusSAGUNABAI PREMCHAND BHOLE AND ANOTHER

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The High Court directed the District Judge, Jalgaon, to decide Miscellaneous Civil Appeal No. 85 of 2015 within three months.

Summary

The petitioners sought a writ directing the District Judge, Jalgaon, to decide a pending Miscellaneous Civil Appeal (No. 85 of 2015) concerning possession of land (Gat No. 708, 90 R) within a specific time. The petition arose from an order dated 28‑Nov‑2016 that had allowed an application preventing obstruction to the petitioners' possession. The petitioners argued that the appeal had been pending since 2015 and required expeditious disposal. The Court, without examining the merits of the underlying dispute, issued a direction that the District Judge decide the appeal within three months from the date of the order. Consequently, the writ petition and the accompanying civil application seeking to record the legal representatives of respondent 2 were disposed.

Issues considered

Whether the High Court may issue a mandatory direction to a lower court to decide a pending civil appeal within a stipulated period

Subjects

writ petition
civil appeal
direction to lower court
possession of land
delay in adjudication
jurisdiction

Judgment

2026:BHC-AUG:1832

                                                1                    WP / 6770 / 2017



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                929 WRIT PETITION NO. 6770 OF 2017

                             PRAKASH NAMDEV PATIL AND OTHERS
                                         VERSUS
                          SAGUNABAI PREMCHAND BHOLE AND ANOTHER

                                                AND
                      CIVIL APPLICATION NO. 684 / 2026 IN WP / 6770 / 2017
               (Prakash Namdev Patil and ors. V. Sagunabai Premchand Bhole and anr.)

                                                    ...
                               Advocate for petitioner : Mr. S.B. Yawalkar
                         Advocate for respondent no. 1 : Mr. Manish N. Navandar
                                                    ...

                            CORAM              : SIDDHESHWAR S. THOMBRE, J.

                            DATE               : 17 JANUARY 2026

              PER COURT :

                            Civil Application No. 684 of 2026, not on Board.      Upon

              mentioning, taken on Board.


              2.            Heard learned counsel for the respective parties.


              3.            The present petition is arising out of the order dated

              28.11.2016 passed below Exhibit – 15 in Misc. Civil Appeal No. 85 of

              2015 by the District Judge – 5, Jalgaon, whereby the application below

              exhibit – 15 was allowed and respondents no. 1 to 4 were directed not

              to cause obstruction to the plaintiffs’ possession over the land gat no.

              708 admeasuring 90 R situated at Avhane, Taluka – Jalgaon, District –

              Jalgaon.
                                   2                   WP / 6770 / 2017



4.          Both the learned counsel submit that Misc. Civil Appeal

No. 85 of 2015 is pending since 2015 and the purpose of the petition

will be served by directing the learned appellate Court to decide the

appeal within stipulated period.


5.          Therefore, without going into the merits of the matter, writ

petition is disposed of by directing the learned District Judge – 5,

Jalgaon to decide the Misc. Civil Appeal No. 85 of 2015 within a period

of three (3) months from today.


6.          In view of disposal of writ petition, Civil Application No. 684

of 2026, seeking to bring on record legal representatives of respondent

no. 2 on record, also stands disposed of.




                               [ SIDDHESHWAR S. THOMBRE ]
                                         JUDGE

arp/

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