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Bombay High Court

NAYAN SADANAND UTEKARversusDIPTI NAYAN UTEKAR ALIAS DIPTI BANE

Decided
Disposal
Disposed Off

Holding

The High Court directed the trial court to decide the pending applications within one year, keeping all contentions of both parties open.

Summary

The petitioner filed a writ petition seeking direction to the trial court to dispose of a matter pending since 2020. The respondent opposed, suggesting the petition be disposed if the trial court is directed to conclude the case within one year while keeping both parties' contentions open. The High Court, after hearing both counsels, disposed of the petition and ordered the trial court to decide the pending applications as expeditiously as possible, preferably within one year, without closing any of the parties' contentions. No substantive legal reasoning was elaborated beyond the consideration of the parties' submissions. The order effectively mandates a time‑bound disposal while preserving the status of the parties' claims.

Issues considered

  • Whether the High Court can direct the trial court to dispose of a pending civil matter within a specified period while keeping the parties' contentions open

Subjects

  • writ petition
  • expeditious disposal
  • trial court
  • pending applications
  • civil procedure
  • court direction

Judgment

                                                                            89-WP-960-2026 (C).doc


    Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 960 OF 2026

                      Nayan Sadanand Utekar                                   ...Petitioner/s
                      Versus
                      Dipti Nayan Utekar Alias Dipti Bane                     ...Respondent/s

                      _________________________________________________________________

                      Mr. Virendra Pethe, Advocate for Petitioner.
                      Mr. Gurudas Gorwadkar i/b. Ms. Yugandhara Gaonkar, Advocate for the
                      Respondent.
                      _________________________________________________________________

                                                            CORAM     :   SHIVKUMAR DIGE, J.
                                                            DATE      :   11th SEPTEMBER, 2026.
                      P.C. :

                      1.         Heard learned counsel for the petitioner and learned counsel for
                      the respondent.
                      2.         Learned counsel for the respondent submitted that the
                      petitioner can be disposed of, if direction is given to the Trial Court to
                      dispose of the matter within one year as it is pending since 2020 by
                      keeping open contentions of both the parties.
                      3.         Considering the submissions of both learned counsel, the
                      petition is disposed of.
                      4.         The Trial Court shall decide the pending applications as
                      expeditiously as possible and preferably within one year.
                      5.         All contentions of both parties are kept open.

SHUBHADA
SHANKAR
KADAM                                                               (SHIVKUMAR DIGE, J.)
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.09.12
16:47:42 +0530




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