Mr. Ramling v. Smt. Dhanshree Dhondu Khararkar & Ors.

Mr. Ramling S/o. Narsappa Deshmane Versus Smt. Dhanshree Dhondu Khararkar & Ors. ....Appellant ....Respondents Mr. A. M. Saraogi, Advocate for the Appellant. CORAM : R. V. MORE, J. DATED : 7th JULY, 2009. P.C. Heard, Mr. Saraogi, learned Counsel for the Appellant.

The Appellant is the original plaintiff. He filed suit for declaration and injunction. The Appellant claims right in the suit property on the basis of the sale deed executed by the Respondent Nos.1 & 2 on 17th April, 2008. The Respondent No.6, on the contrary, also claims right in the suit property on the basis of the sale deed executed by Respondent No.2 on the same date. The sale deed executed in favour of the Appellant is not registered. However, the sale deed in favour of Respondent No.6 is registered one. The learned Trial Judge, after appreciating evidence concluded that the Appellant/Plaintiff could not make out prima-facie case as well as prima-facie possession of the suit property. 2

In the facts and circumstances mentioned above, I am not inclined to interfere in the impugned order. However, the interest of justice, in my view will be subserved, if hearing of the suit is expedited. The Appeal from Order, is accordingly dismissed with request to learned Trial Judge to expedite hearing of the suit. The parties shall complete pleadings within a period of eight weeks from the date of receipt of this order. The Appellant is thereafter, at liberty to apply for early date of hearing of the suit.

In view of the disposal of the Appeal from Order, the Civil Application No.810 of 2009 will not survive and therefore, the same is disposed of. Sd/-

(R. V. MORE, J.)