Narayan Pundlik Gawande v. Shaligram s/o Yeshwantrao Patil (Dead), through
2009-10-14
A.B.CHAUDHARI
body2009
DigiLaw.ai
Judgment : 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. This petition is directed against the appellate Court’s order dismissing the appeal against the order below Exh. 5 directing the parties to maintain status-quo and in particular, against the petitioner not to alienate the suit property. 3. Mr. Joshi, learned counsel for the petitioner submits that the counsel for the appellant was absent when the appeal was finally heard and decided by the appellate Court and therefore, opportunity to address the court on merits of the appeal deserves to be given to the appellant. 4. The request made by Mr.Joshi, learned counsel for the petitioner could in normal course be considered sympathetically & favourably, but I find that the order that was passed by the appellate Court below Exh.5 was only “not to alienate the suit property”. In other words, the subject matter of the suit is to be preserved until the suit is decided finally. I do not think, it would be appropriate now to interfere the said order which is dated 30th January, 2008 and the suit is of the year 2005 which is just pending. In view of the above, I make the following order. 5. This writ petition is disposed of with a direction to the trial Court to decide the R.C.S No. 154/2005 as expeditiously as possible and in any case within a period of six months from today. Parties are directed to cooperate. No order as to costs.