SHIVKUMAR NANDKUMAR PILAJI AND ANOTHER v. PRASHANT SANTOSHKUMAR SHUKLA AND OTHERS
WP/11887/2017 · 2026-03-18
Shri Siddheshwar Sundarrao Thombre
Public Interest Litigationbody2017
DailyLaw.ai
[ 2017 DAILYLAW 3008 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 3008 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Dilwale 1 44-WP-11887-17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 44 WRIT PETITION NO. 11887 OF 2017 Shivkumar Nandkumar Pilaji And Another VERSUS Prashant Santoshkumar Shukla And Others ... Advocate for the Petitioners : Mr. Deshmukh Rajendra S. Advocate for Respondents : Mr. M. P. Kale h/f P. N. Muley ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 18.03.2026 PER COURT :
1. The present petition challenges the order dated 24.08.2017 passed below Exhibit-36 by Civil Judge Junior Division, Dharur in RCS No. 40 of 2016, whereby the application filed by petitioners for framing a preliminary issue came to be rejected.
2. Upon perusal, it appears that the suit is for declaration of ownership and perpetual injunction, and the Respondent Nos. 1 to 3/original plaintiffs have valued the suit at Rs.1,000/- and court fee of Rs. 200/- is paid thereon. There is no need to frame preliminary issue of jurisdiction as the suit is within pecuniary limits of the trial Court.
3. Therefore, the learned trial Court has rightly rejected the said application.
4. However, both the learned counsel submit that the suit is of the year 2016 and purpose would be served if this Court directs the learned 2026:BHC-AUG:14224
Dilwale 2 44-WP-11887-17.odt trial Court to decide the suit within stipulated period.
5. In view of the above, the learned trial Court is directed to decide Regular Civil Suit No.14 of 2016 within a period of one year from today.
6. The writ petition is disposed of.
[ SIDDHESHWAR S. THOMBRE ] JUDGE