Bombay High CourtWP/1443/2003disposed offdismissed for default

Vikram Dagdoba Padwal And Another v. Deorao Bajirao Thorat Died Through Lrs And ORS

2019-07-18Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1443 OF 2003 Vikram s/o Dagdoba Padwal & others Petitioners

Versus

Deorao s/o Bajirao Thorat & others Respondents Mr.Prashant Deshmukh, Advocate for the petitioners. Ms.Sakshi Joshi, advocate holding for Mr.S.D.Kulkarni, Advocate for the respondents no.1(a) to 1(e).

CORAM : RAVINDRA V. GHUGE, J.

DATE : 18/07/2019 PER COURT :

By this petition, the petitioners have challenged the interlocutory order dated 18.03.1992, by which the petitioners are restrained from obstructing the plaintiff in his peaceful possession of Block No.90, earlier S.Nos.16/3 and 16/4, situated at Dautpur, Taluka and District Osmanabad. The petitioners are also aggrieved by the judgment dated 13.07.1993 delivered by the appellate Court dismissing Misc. Civil Appeal No.35 of 1990. These orders are challenged in the instant petition which was filed on 24.02.2003. It is pointed out that earlier Civil Revision Application No.1129 of 1993 was filed and it was subsequently disposed off on account of being

- 2 - not maintainable. Hence, the petitioners have filed this writ petition. This Court has ordered status quo to be maintained vide order dated 25.06.2003. The suit is not progressing as a tenancy issue has cropped up and the same is sub judice before this Court in W.P.No.211 of 2006, which is now posted for final hearing on 22.08.2019.

In view of the above, this petition is disposed off. The status quo order would continue subject to further orders being passed in the pending proceedings before this Court. Rule is discharged.

( RAVINDRA V. GHUGE, J.) adb