AMOL SUNIL KSHIRSAGAR AND ANOTHER v. DADASAHEB PANDHARINATH DHOLE
WP/11502/2023 · 2026-01-08
Shri Siddheshwar Sundarrao Thombre
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 21897 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21897 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 WP / 11502 / 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1038 WRIT PETITION NO. 11502 OF 2023 AMOL SUNIL KSHIRSAGAR AND ANOTHER VERSUS DADASAHEB PANDHARINATH DHOLE ... Advocate for petitioners : Mr. A.V. Hon Advocate for the respondent : Mr. P.B. Shirsat ...
CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 08 JANUARY 2026 PER COURT : Heard learned counsel for the parties.
2. By way of present petition, the petitioners assail the order dated 17.08.2023 passed below Exhibit – 29 by learned District Judge- 1, Shrigonda in Misc. Civil Appeal No. 43 of 2022, whereby the order dated 20.09.2022 passed by the learned Civil Judge, Senior Division, Shrigonda below exhibit - 5 in Special Civil Suit No. 25 of 2021 was confirmed.
3. By way of an application below Exhibit - 5 present petitioners sought a prayer that during the pendency of the Special Civil Suit No. 25 of 2021, the defendant be directed not to create third party interest. Learned trial Court and the appellate Court had not considered the same but this Court while issuing notices on 2026:BHC-AUG:4567
2 WP / 11502 / 2023
13.09.2023, ordered that the stay granted by the appellate Court on 25.08.2023, shall continue to operate until further orders and which is continued till this date.
4. After arguing for some time, learned counsel for the petitioners submits that the purpose of the petition would be served, if the trial Court is directed to decide the suit itself within a stipulated period.
5. Therefore, without going into the merits of the matter, present petition is disposed of by directing the trial Court to decide the Special Civil Suit no. 25 of 2021 within a period of six months from today.
6. It is made clear that this Court has not recorded any finding on the merits of the matter.
7. The interim relief granted by this Court on 13.09.2023 to continue till the disposal of Special Civil Suit No. 25 of 2021. The interim relief is continued only on the ground that the same is operation since 13.09.2023.
[ SIDDHESHWAR S. THOMBRE ] JUDGE arp/