Pandurang Bhagwan Patil And ORS v. Shivaji Krushnath Patil

31 (i).wp.128.23.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 128 OF 2023 Pandurang Bhagwan Patil and Ors.

..Petitioners

Versus

Shivaji Krushnath Patil ..Respondent ....................

 Mr. Akshay N. Patil, Advocate for Petitioners.  Mrs. S.A. Mudbirdi, Advocate for Respondent.

...................

CORAM :MILIND N. JADHAV, J.

DATE :FEBRUARY 14, 2023.

P.C.:

1.

Heard Mr. Patil, learned Advocate for Petitioners and Mrs. Mudbirdi, learned Advocate for Respondent.

2.

The impugned order is passed by the learned District Court on 06.08.2022 in Misc. Civil Appeal No.98 of 2022 against the order of allowing of Exhibit-5 on 31.03.2022 by the learned Trial Court. 3.

Both the parties before me confirm that they are in possession of the suit property. Be that as it may, both the parties are directed to maintain status quo with respect to their respective possession.

4.

Learned Trial Court is requested to dispose of the suit within a period of 24 months from today.

Corrected / modified order as per Speaking to the Minutes of Order dated 22.02.2023 1 of 2

31 (i).wp.128.23.doc 5.

Learned Trial Court shall not be influenced by any observations and findings passed in the order below Exhibit-5 as also the observations and findings passed by the learned District Court while upsetting the order of Exhibit-5.

6.

With the above directions, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] AJAY TRAMBAK UGALMUGALE Date: 2023.02.23 11:55:48 +0530 AJAY TRAMBAK UGALMUGALE Corrected / modified order as per Speaking to the Minutes of Order dated 22.02.2023 2 of 2