Bombay High Court

MOHAMAD HABIB MOHAMAD ISAQ AND OTHERSversusMOHAMAD SK KALIM SK ISAQ

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court directed the trial court to hear and decide the original suit on its merits within one year and disposed of the writ petition.

Summary

The petitioners filed a writ petition challenging an order dated 18.04.2017 passed by the District Judge in Misc. Civil Appeal No. 13 of 2017. The petition remained pending since 2017 without any interim orders. Both parties agreed that, given the delay, the interests of justice required the original civil suit (Regular Civil Suit No. 205 of 2016) to be heard and decided on its merits promptly. The Court, without addressing the merits of the writ, directed the trial court to dispose of the original suit within one year from the date of the order. Consequently, the writ petition was disposed, with the matter left open for further points if necessary.

Issues considered

Whether the High Court should issue a direction for the expeditious disposal of the original civil suit pending for several years.

Subjects

writ petition
expeditious disposal
civil suit
pending petition
judicial directions
justice

Judgment

2026:BHC-AUG:9116



                                                                    58 WP No.9586..2017
                                                   -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                 WRIT PETITION NO. 9586 OF 2017

                       MOHAMAD HABIB MOHAMAD ISAQ AND OTHERS
                                              VERSUS
                                  MOHAMAD SK KALIM SK ISAQ
                                                 ...
              Advocate for the Petitioners : Mr. A. L. Kanade
              Advocate for Respondents : Mr. Atharva More h/f Mr. V. A. Bagdiya
                                                 ...

                                  CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     Date : 4th March, 2026

              PER COURT :-


              1.            Heard the learned counsel for        petitioner   and the

              respondent.



              2.            The petitioner raised a challenge to the order dated

              18.04.2017 passed by the learned District Judge – 8, Aurangabad in

              Misc. Civil Appeal No. 13 of 2017.



              3.            Learned counsel for both the petitioner and the respondent

              submit that this petition has remained pending since the year 2017,

              during which time, no interim orders were passed by this Court. In light

              of the pendency of the petition and without going into the merits of the

              case, both parties agree that the interests of justice would be served by
                                                          58 WP No.9586..2017
                                    -2-

a direction for the expeditious disposal of the original suit.



4.            Accordingly, the Trial Court is directed to hear and decide

the original suit i.e. Regular Civil Suit No. 205 of 2016 on its own

merits within a period of one year from today.



5.            With the aforesaid directions, this writ petition is disposed

of. It is made clear that all the points are kept open.




                                          (SIDDHESHWAR S. THOMBRE, J.)



Omkar Joshi

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