Dnyanoba Santu@Santram Shewale And Others v. Ajinath Bhau Shewale And Others

1 A.O. 33/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 33 OF 2015 AND CIVIL APPLICATION NO. 4404 OF 2015 Dnyanoba Santu @ Santram Shewale and others .. Appellants Vs.

Ajinath Bhau Shewale and others .. Respondents ---- Mr. Dhananjay P. Deshpande, Advocate for appellants Mr. S.S. Bora, Advocate for respondent nos.1 to 5 ---- CORAM : M.T. JOSHI, J.

DATE : 01/07/2015 ORAL ORDER :

Upon hearing both sides, it is clear that the civil appeal preferred before the learned District Judge is mainly based on the legal aspects.

.

In the circumstances, both the sides submit that instead of passing any order on merit on the order clamping temporary injunction, parties may be directed to maintain status-quo regarding the possession and improvement in the suit land and the learned District Judge may be directed to decide the appeal within a

2 A.O. 33/2015 period of six (6) months from the date of this order without influenced by the observations made by the District Judge in the impugned order.

2.

All the submissions are reasonable. In the circumstances, the appeal is hereby disposed of in terms of the above submissions. The learned District Judge to decide the appeal within a period of six (6) months from the date of this order.

3.

Mr. Bora submits that private paperbook (if not prepared) would be filed in the appellate Court within a period of six weeks from the date of this order. 4.

Appeal from Order is accordingly disposed of. 5.

Consequently, Civil Application no. 4404 of 2015 seeking stay to the impugned order and injunction also stands disposed of.

[M.T. JOSHI] JUDGE arp/