Shivaji Baburao Babar v. Suresh Dnyanoba Babar

1/2 16-cwp-8644-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by DINESH SADANAND SHERLA Date:

2021.08.20 18:02:04 +0500 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8644 OF 2019 DINESH SADANAND SHERLA Shivaji B. Babar

...Petitioner.

V/s.

Suresh D. Babar

...Respondent.

Mr. Prasad Kulkarni i/b Mr. R. M. Haridas for the Petitioner. Mr. B. S. Shinde for the Respondent.

CORAM

:

N.R. BORKAR, J.

DATE :

20.08.2021.

P.C. :

1.

Mr. Prasad Kulkarni the learned counsel for the petitioner submits that the arguing counsel Mr. R.M. Haridas is in personal difÏculty and seeks adjournment.

2.

This petition takes an exception to the order passed by the learned appellate court dated 8.1.2019.

3.

The petitioner, the original plaintif, had fled an application for temporary injunction vide Exhibit-5. The trial court rejected the said application by order dated 4.5.2017.

4.

The learned appellate court dismissed the appeal fled by the petitioner against the order of trial court dated 4.5.2017 by the order impugned.

5.

There is no interim order in favour of the petitioner in the present petition which is fled in the year 2019. Dinesh S. Sherla 1/2

2/2 16-cwp-8644-19.doc 6.

Admittedly, the petitioner has fled the suit in the year 2015 and since then there is no interim injunction in favour of the petitioner. Considering the facts and circumstances, I am not inclined to interfere with the impugned judgment and order. The trial court, however, is directed to decide the suit, as expeditiously as possible and in any case within one year from the date of receipt of copy of this order.

7.

With aforesaid directions, Writ Petition stands disposed of. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2