Bombay High Court

DATTATRAYA BABURAO KALEversusRENUKA ANIL DAHIWAL

Disposal: DISPOSED OFF

Holding

The Court ordered the trial court to expedite the hearing of the civil suit and directed the petitioners to deposit Rs.5,000 as cost, which the respondent may withdraw.

Summary

The petitioners, Dattatraya Baburao Kale (deceased) represented by Rohini Dattatraya Kale and others, filed a writ petition seeking an order that the trial court expedite the hearing of Regular Civil Suit No. 406 of 2012 against the respondent Renuka Anil Dahiwal. Both parties agreed that, given the suit's filing in 2012, an expeditious hearing was appropriate. The High Court, after noting the parties' concurrence, directed the trial court to fast‑track the suit. It also ordered the petitioners to deposit a cost of Rs.5,000 within two weeks, which the respondent was allowed to withdraw. With these directions, the writ petition was disposed.

Issues considered

Whether the High Court can direct the trial court to expedite the hearing of an ongoing civil suit
Whether the petitioners should be required to deposit costs as a condition for expediting the suit

Subjects

writ petition
expedited trial
civil suit
cost deposit
court direction

Judgment

2026:BHC-AUG:38017



                                                                    55 WP7903.2013
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             55 WRIT PETITION NO. 7903 OF 2013

                              DATTATRAYA BABURAO KALE
              DIED THROUGH LRS ROHINI DATTATRAYA KALE AND OTHERS
                                          VERSUS
                                 RENUKA ANIL DAHIWAL
                                             ...
              Advocate for the Petitioner : Mr. D. R. Markad h/f. Mr. Vishal S.
              Badakh
              Advocate for Respondent : Mr. A M Gholap
                                             ...
                                         CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 21.08.2026
              PER COURT :-

              1.           Parties are ad idem that, given the suit is of the year
              2012, it would be appropriate to direct the concerned court to
              expedite hearing of the suit.


              2.           Accordingly, hearing of Regular Civil Suit No.406 of
              2012 is expedited.


              3.           The Petitioners shall deposit cost of Rs.5,000/- with
              the trial court within a period of two (02) weeks from today,
              which the defendant shall be permitted to withdraw.


              4.           With the aforesaid directions, the Writ Petition stands
              disposed of.



                                                     (SACHIN S. DESHMUKH, J.)
              marathe

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