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2024 DAILYLAW 2539 (BOM)

TAMIZABI MANZOOR AHMED KHAN POA NAZEER AHMEDKHAN MANJUR AHMED KHAN v. SAYED AMANAT SHARFODDIN USTAND DIED THROUGH LRS MAQBOOLBI AMANAT USTAD AND OTHERS

CA/6018/2025 · 2026-09-01

Civil Appealbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 1 ) 915-WP-2688-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 915 WRIT PETITION NO. 2688 OF 2024 Tamizabi Manzoor Ahmed Khan Poa Nazeer Ahmedkhan Manjur Ahmed Khan VERSUS Sayed Amanat Sharfoddin Ustand Died Thr. Lrs. Maqboolbi Amanat Ustad & Ors. WITH CIVIL APPLICATION NO. 6018 OF 2025 IN WP-2688-2024 Tamizabi Manzoor Ahmed Khan Poa Nazeer Ahmedkhan Manjur Ahmed Khan VERSUS Sayed Amanat Sharfoddin Ustand Died Through Lrs Maqboolbi Amanat Ustad & Ors. ….. Mr. A. A. Shaikh h/f., Mr. Anandsingh Bayas, Advocate for Petitioner. Mr. G. R. Sayed, Advocate for Respondent Nos.1-A to 1-I. ….. CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 1, 2026. PC :- 1. Heard. 2. At the outset, Mr. Bayas, learned counsel for the petitioner, fairly submits that the petitioner restricts his petition to a very limited extent. He would submit that, as against the order rejecting the plaint under Order VII Rule 10 of the CPC, the petitioner has filed an appeal before the District Court. He would submit that, in the said appeal, an application seeking temporary injunction was filed, which came to be rejected, and hence, the Kiran Kawre 2026:BHC-AUG:40010 ( 2 ) 915-WP-2688-2024 writ petition has been filed before this Court. Today, he submits that his purpose would be served if directions are given to the District Court to conclude the proceedings in the appeal in a time-bound manner. 3. Mr. G. R. Sayed, learned counsel for the respondents, would fairly agrees to such proposition. 4. The request advanced by Mr. Bayas, learned counsel for petitioner, is absolute and moderate. 5. The learned District Judge, Udgir, is requested to conclude the proceedings in Miscellaneous Civil Appeal No.11 of 2023 within a period of six months from the date on which the parties place a copy of this order on record. 6. In view of this, the Writ Petition stands disposed of. 7. Pending Civil Applications, if any, stand disposed of. 8. It is made clear that this Court has not commented on the merits of the case of either sides. [AJIT B. KADETHANKAR, J.] Kiran Kawre