1 2-wp-4977-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4977 OF 2025 Surendra S/o Shravanji Bhirad Versus Ashok Atmaramji Wankhade and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R.Deshpande, Advocate for the petitioner. Shri P.M.Pande, Advocate for the respondents. CORAM : MEHROZ K. PATHAN, J. DATED : 16th SEPTEMBER, 2026. The petitioner challenges the order dated 18.07.2025 passed below Exhibit 85 thereby rejecting the application preferred by the petitioner seeking abeyance of the suit till the decision of the competent authority and also the order dated 05.08.2026 passed below Exhibit 92 filed by the plaintiff seeking closure of the evidence of the petitioner (org.defendant), passed by the learned Joint Civil Judge, Senior Division, Akola in Regular Civil Suit No. 48 of 2015. 2. This Court vide order dated 02.09.2025, had observed that since the revision pending, was likely to be decided on merits on or SKNair 2 2-wp-4977-25.odt before 31.10.2025, the challenge raised to the order dated 18.07.2025 passed below Exhibit 85 was disposed of. In so far as the order dated 05.08.2025 passed below Exhibit 92, this Court has issued notice to the respondent/plaintiff. 3. Today, learned counsel appearing for the petitioner as well as learned counsel appearing for the defendant submit that the revision pending before the learned Additional Commissioner has been decided on 15.04.2026. It appears that the impugned order passed below Exhibit 92 on 05.08.2025 was passed on the premise that the order dated 18.07.2025 had already been passed and that the application had been rejected. 4. Be that as it may, now revision stands disposed of vide order dated 15.04.2026 passed by the learned Additional Commissioner, Amravati, in my opinion, one opportunity needs to be given to the petitioner/defendant to complete his evidence by remanding back the matter to the learned trial Court however subject to payment of costs. Hence, I am inclined to pass the following order. SKNair 3 2-wp-4977-25.odt ORDER i. The impugned order dated 05.08.2025 passed by the 2nd Joint Civil Judge, Senior Division, Akola below Exhibit 92 in Regular Civil Suit No. 48 of 2015 is hereby quashed and set aside subject to costs of Rs.5,000/- to be paid by petitioner to the respondent/plaintiff. ii. The parties are hereby directed to appear before the learned trial Court on 03.10.2026. The petitioner shall deposit the costs of Rs.5,000/- on the same date before the trial Court. The trial Court shall handover the same to the plaintiff or his counsel. iii. Since, the suit is of the year 2015, the learned trial Court shall make an endeavor to complete the evidence of the petitioner/defendant and the respondent/plaintiff along with their cross- examination and shall make an endevour to conclude the trial expeditiously and not beyond the period of six months. 5. With the aforesaid observations, writ petition stands disposed of. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 21/09/2026 14:54:22