Dr, Vikas Ananda Deshmukh v. Amol Ramesh Gharage (Patil) And ORS

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.02.26 10:29:09 +0530 SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.734 OF 2017 WITH CIVIL APPLICATION NO.984 OF 2017 Dr. Vikas Ananda Deshmukh ...Appellant Vs Amol Ramesh Gharage (Patil) and Ors.

... Respondents ...

Ms. Preeti Walimbe h/for Mr. Bhushan Walimbe for the Appellant.

None for Respondents.

CORAM : SANDEEP K. SHINDE J.

DATE : FEBRUARY 25, 2022.

P.C. :

In the suit for specific performance instituted by the appellant, application for temporary injunction was moved seeking order to restrain the defendants from disturbing possession of the plaintiff in the suit property. Learned trial Court vide order dated th July, 2017 partly allowed the application, by which, the defendants were restrained from creating third party rights in the suit property. That order is challenged in this appeal under Order 43 Rule Shivgan 1/3

1(r) of the Code of Civil Procedure, 1908.

Suit in question was instituted in 2016 and the order impugned was passed in July, 2017. In view of this fact, vide order th January, 2022, learned counsel for the appellant was dated 4 requested to verify status of Special Civil Suit. However, status of the suit has not been informed to this Court. Be that as it may, since the interim relief was refused in July, 2017, I am not inclined to interfere with the impugned order, after a period of four and half year. Instead, it would be expedient and in the interest of justice to request the trial Court to conclude the trial in Special Civil Suit No.18 of 2016 within the reasonable time. Accordingly, the appeal is disposed of. Learned trial court shall make an endeavour to conclude st the trial in Special Civil Suit No.18 of 2016 preferably before 31 January, 2023. It is made clear that this Court has not heard the appeal on merits.

Appeal is disposed of in aforesaid terms.

Shivgan 2/3

As the appeal itself is disposed of, nothing survives in the civil application therein and same is also disposed of. (SANDEEP K. SHINDE, J.) Shivgan 3/3