Jagannath Gangadhar Dhokane v. Archana Sanjay Yeole And Others

2025:BHC-AUG:22833 937-wp-1126-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1126 OF 2022 Jagannath Gangadhar Dhokane

VERSUS

Archana Sanjay Yeole And Others ...

Mr. A. S. Tarale h/f Mr. C. K. Shinde, Advocate for the Petitioner Mr. N. D. Raje, AGP for Respondents-State Mr. P. P. Jadhav h/f Mr. S. S. Bora, Advocate for Respondent nos.1 and 2 .....

CORAM : ROHIT W. JOSHI, J.

DATED : 13TH AUGUST, 2025 ORDER :- .

In view of judgment dated 04.08.2025, passed in Writ Petition No.5074 of 2022 (Vimal w/o Bhausaheb Nebde Vs. Sub Divisional Officer & Ors.) and other connected matters, present Writ Petition stands disposed of with liberty to the petitioners to avail alternate remedy of filing Civil Suit. 2.

The petitioner may challenge the impugned orders in the said Civil Suit and/or seek adjudication of the controversy forming subject matter of the dispute on merits. It is also made clear that even order of temporary injunction passed by Civil Court prevails over orders passed by authorities under the provisions of the Mamlatdars' Courts Act, 1906 and as

937-wp-1126-2022 such it will be open for the petitioner to file an application for temporary injunction as well.

3.

Needless to mention that the Court will decide the application for grant of temporary injunction, as also prayer for ad-interim order, on its own merits.

4.

Period spent in prosecution of the present Writ Petition shall be excluded for computation of limitation in view of Section 14 of the Limitation Act, 1963.

( ROHIT W. JOSHI, J. ) Rushikesh/2025