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Bombay High CourtWP/7722/2017disposed off

Mr. Sawata Nana Shinde And ORS. v. Mr. Baban Anandrao Bhoite And ORS.

2023-06-09Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.06.19 18:10:31 +0530 MANGALTAI JAYWANT JADHAV 26-WP-7722-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 7722 OF 2017 Sawata Nana Shinde and ors.

...Petitioners

Versus

Baban Anandrao Bhoite and ors.

...Respondents

.........

Mr. Vishwanath S. Talkute for the Petitioner. Mr. Freddy Bhadha i/b V. S. Kapse for the Respondent Nos. 1 to 4. .........

CORAM : N.R. BORKAR, J.

DATED : 9 JUNE 2023 P.C. :- This petition takes exception to the order dated 12 June 2017 passed by the District Judge-6, Satara in Civil Miscellaneous Appeal No. 49 of 2017.

2.

By the order impugned, the appellate Court had allowed the appeal filed by the respondents/ plaintiff against the order of the trial Court rejecting the application filed by them for the temporary injunction. 3.

This Court by order dated 11 July 2017 directed the parties to maintain status quo and the said order is in force since last more than five years. In that view of the matter instead of hearing the petition on merit, it would be appropriate to direct the trial Court to decide the suit expeditiously and continue the said order of status quo till then. MJ Jadhav 1 / 2

26-WP-7722-17.odt 4.

The trial Court shall endeavor to decide the Regular Civil Suit No. 299 of 2016 within one year from the date of receipt of copy of this order. The order of status quo dated 11 July 2017 shall remain in force till decision of the suit.

5.

The Petition is disposed of in above terms.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2