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Bombay High CourtWP/9405/2014disposed off

Shri. Jalindar Shankar More v. Dattu Machindra More And ORS.

2019-12-12Hon'Ble Justice Revati Mohite Dere2 pages

wp.9405.14.913.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9405 OF 2014 Jalindar Shankar More

...Petitioner

Versus

Dattu Machindra More & Ors.

...Respondents

None for the Petitioner Mr. Surel Shah a/w Mr. Swaroop Karade for the Respondents CORAM : REVATI MOHITE DERE, J.

THURSDAY, 12 th DECEMBER 2019 P.C. :

None appears for the petitioner.

Since the petition is of the year 2014, the same is taken up for hearing.

Heard learned counsel for the respondents.

By this petition, the petitioner has impugned the order dated 14th July 2014 passed by the learned District Judge-2, Solapur, in Misc. Civil Appeal No. 10/2009, by which, the learned District Judge was pleased to allow the respondents' appeal and as such, set-aside the order passed below Exhibit 5 granted by the trial Court dated 6th January 2009. Being aggrieved by the order passed by the learned District Judge dated 6th January 2009, the aforesaid petition has been filed. On 28th October 2014, SQ Pathan 1/2

wp.9405.14.913.doc this Court had directed the parties to maintain status-quo, as there was an order of injunction operating in favour of the petitioner for almost five years. The said status-quo order is continued from time to time, till date, i.e. almost for five years.

The suit is of the year 2007. Considering that the suit is of the year 2007, without going into the merits of the petition, it would be appropriate to direct the learned trial Judge to decide the regular Civil Suit No. 218/2007 expeditiously and preferably within 12 months from the date of receipt of this order.

Since there is a status-quo order in favour of the petitioner, the same to be continued till the disposal of the said suit. It is made clear that all contentions of both the parties are kept open and that the said status-quo order is continued, without prejudice to the rights and contentions of either of the parties. Petition is disposed of in the aforesaid terms. REVATI MOHITE DERE, J.

SQ Pathan 2/2