Shri. Vinoddinkar Kalyani v. Sou. Anit Mohan Borale And ORS

14.6414.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6414/2018 Vinod Dinkar Kalyani ... Petitioner V/s.

Anit Mohan Borale & Ors.

... Respondents Mr. R. A. Naik I/b. Umesh R. Mankapure for the Petitioner Mr. K. U. Nikam with Rahul Patil I/b. Jaykar & Partners for the Respondents

CORAM:

K.K. TATED, J.

DATED :

JANUARY 30, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner - Plaintiff challenges the order dated 10.10.2017 passed by the Trial Court and the order dated 27.04.2018 passed by the appellate court rejecting the Application below Exhibit- 5 made by the Petitioner for an order of injunction restraining the Respondent from carrying out any business of flour mill in the suit property.

The learned counsel for the Petitioner submits that since 2017, status quo is running in favour of the Petitioner. He further submits that in view of the status quo order the Respondent is not doing any business of flour mill. These facts are admitted by the learned counsel for the Respondents.

Basavraj G. Patil 1/2

14.6414.18-wp.doc Considering the fact that there are concurrent findings of facts recorded by both the courts below and status quo order is running against the Defendant and the suit is of 2017, in the interest of justice, let the suit itself to be decided as early as possible.

Hence, following order is passed:

a.

The status quo order dated 10.10.2017 passed by the Jt. Civil Judge, Senior Division, Sangli in Regular Civil Suit No. 148/2017 to continue till hearing and final disposal of the suit.

b.

Hearing of Regular Civil Suit No. 148/2017 is expedited.

c.

This court expects that the Trial Court would decide the said suit as early as possible but in any case on or before 31.12.2019 after hearing both sides.

d.

The Writ Petition stands disposed of accordingly. e.

No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2