Shivaji Maroti Dhumale And Others v. Ramrao Hullaji Dhumale

1 WP - 3114-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3114 OF 2014 SHIVAJI MAROTI DHUMALE AND OTHERS

VERSUS

RAMRAO HULLAJI DHUMALE ...

Advocate for Petitioners : Mr. Upendra B. Bilolikar Advocate for Respondent : Mr. Anant R. Magar h/f. Mr. G.P. Shinde ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 14-12-2017 ORDER :

1.

Heard learned counsel for the parties at quite some length.

2.

It appears that regular civil suit no. 210 of 2012 had been preferred by present respondent as plaintiff seeking injunction against present petitioners as defendants. The situation emerges that injunction has been operating without interruption continuously from 05-03-2014 against present petitioners having been clamped at the appellate stage albeit the temporary injunction application of plaintiff-respondent had been rejected by trial court, and aforesaid is the position subsisting in the same.

2 WP - 3114-2014 3.

It may also be pertinent to note proceeding bearing regular civil suit no. 222 of 2012 had been initiated by petitioners against respondent, however, it transpires that is no longer pending. 4.

In the circumstances, having regard to that injunction had been operating for over three years against petitioners, it would be expedient that proceedings pending before trial court in regular civil suit no. 210 of 2012, be proceeded with expeditiously and disposed of preferably within a period of nine months from the date of receipt of writ of this order.

5.

As such, writ petition is not entertained and is disposed of as aforesaid.

[SUNIL P. DESHMUKH] JUDGE arp/