Shri. Devgonda Shivgonda Patil Through Poa Shri. Pirgonda D. Patil v. Shri. Balaso Bhupal Terdale And ORS.

1 wp404-17-corrected order.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.404 OF 2017 Devgonda Shivgonda Patil (since deceased) through L.R.s ..Petitioners.

V/s.

Balaso Bhupal Terdale & Ors.

..Respondents.

Mr.Rahul S.Kulkarni for the petitioners.

Mr.Sudhir V.Sadavarte for respondent Nos.1 to 4. CORAM : NITIN W. SAMBRE, J.

DATE : OCTOBER 7, 2019 P.C. :- Heard learned counsel for the parties.

2.

The order impugned is dated March 8, 2016 passed below Exhibit-62 in Regular Civil Suit No.180/1913 passed by Civil Judge, Junior Division, Jaysingpur, rejecting the prayer of the petitioners for grant of police aid in execution of the order of injunction 3.

It is settled position of law that prayer for grant of police aid in execution of order of temporary injunction cannot be granted in a routine manner and it can be granted only in exceptional circumstances, which has to be exercised with caution. It has been rightly observed by the learned Civil Corrected pursuant to speaking to the minutes of the order dated 18/10/2019

2 wp404-17-corrected order.doc Judge to that efect while rejecting the prayer for grant of police aid.

4.

That being so, no interference is warranted by this Court. The petition is dismissed.

5.

Considering the nature of the proceedings and the fact that the suit is pending for more than fve years, the petitioners are unable to execute the injunction order, which has been confrmed upto the High Court, it will be appropriate if the hearing of the suit is expedited.

6.

The learned trial Court is directed to dispose of the Regular Civil Suit No.180/2013 as expeditiously as possible. (NITIN W. SAMBRE, J.) Corrected pursuant to speaking to the minutes of the order dated 18/10/2019