Sunita Kalyan Pingale And Others v. Malanbai Bhimrao Dalvi And Another

1 W.P.531.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 531 OF 2015 Sau Sunita Kalyan Pingale, Age: 42 years, Occu. Household, R/o Pingale Nagar, Beed, Taluka and District Beed and others ...PETITIONERS versus Sau Malanbai Bhimrao Dalvi, Age: 45 years, Occu. Business, R/o : Kabad Galli, Taluka and District Beed. And another ...RESPONDENTS .....

Mr. S.S. Jadhavar, Advocate for Petitioners Mr. Y.G. Somani, Advocate for respondents .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 30th MARCH, 2015 Order :- 1.

This petition is directly filed in this court by the petitionersdefendants aggrieved by order dated 01-01-2015 on Exhibit-5 in Special Civil Suit No. 59 of 2014, passed 2nd Joint Civil Judge, Junior Division, Beed, whereunder a request for temporary injunction of respondents-plaintiffs has been allowed.

2.

After hearing parties for quite sometime, I am not inclined to interfere with impugned order passed by the trial court, in view of alternate remedy available. The petition, as such, is rejected for said reason. However, as urgency is being urged by

2 W.P.531.15 the petitioners and since respondents also in all fairness reasonably inclined to accede to request being made by learned counsel for the petitioners, I deem it appropriate to direct the trial court to dispose of special civil suit itself. 3.

Accordingly, 2nd Joint Civil Judge, Senior Division, Beed shall decide Special Civil Suit No. 59 of 2014, as expeditiously as possible, preferably in a year.

4.

In view of aforesaid, writ petition stands disposed of accordingly.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK