1 55.WP-6709-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6709 OF 2024 M/s. Aarti Company Partnership Firm Through Partner Vallabh Radhakisan Karwa ...Petitioner VERSUS Shri. Anil Malleshpa Gore and another ...Respondents Shri Anand S. Kulkarni, Advocate for the Petitioner. Shri Suhas S. Inamdar, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J. DATE : 08TH SEPTEMBER, 2026. FINAL ORDER : . Heard both sides. 2. The petitioner – original plaintiff is challenging order dated 22.08.2022 passed below Exhibit 10 rejecting application preferred under Order VIII Rule 5 of the Code of Civil Procedure. 3. I have considered rival submissions of the parties. It reveals from record that while replying application Exhibit 10 by the respondent No. 1, categorical statements have been made that the respondent No. 1 is not intending to alienate the properties. It is reiterated by the learned counsel appearing for 2026:BHC-KOL:8675 2 55.WP-6709-2024.odt the respondent No. 1 on instructions of the respondent No. 1, who is present in the Court that except properties which are already alienated, the properties which are referred in para No. 21 of the impugned order and upon which charge is created would not be alienated. 4. In view of the fact that Spl. C. S. No. 183 of 2016 is still pending, it would be appropriate to expedite the suit. 5. The writ petition is disposed of and the statement made by the learned counsel for the respondent No. 1 on instructions can be accepted. The Trial Court shall decide the suit on its own merits, expeditiously and preferably within a period of eight (08) months from today. [ SHAILESH P. BRAHME J. ] bsb/Sept. 26