Dwarkadas Hiralal Soni v. Bajranglal Ganeshlal Bhutada And Others

1 16 CA 6736-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 6736 OF 2025 IN WRIT PETITION NO. 6699 OF 2023 WITH WRIT PETITION NO. 6699 OF 2023 DWARKADAS HIRALAL SONI

VERSUS

BAJRANGLAL GANESHLAL BHUTADA AND OTHERS ...

Mr. Prasad B. Vaidya - Advocate for Applicant Mr. S.D. Ghayal - AGP for Respondent Nos.1 and 2 in W.P. Mr. V.J. Dhage - Advocate for Respondent Nos.4, 14 to 18, 20 to 23, 26, 27 in W.P.

Mr. S.C. Swami - Advocate for Respondent Nos.5 to 7, 9 & 10 ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 04.08.2025 PER COURT :

1.

By this application the applicant (original petitioner) himself seeks clarification of an order of status-quo passed by this Court on 21.06.2023.

2.

The applicant appears to be indicating that there is some suppression of material facts before the Courts below and this Court. We fail to understand that when the petitioner himself approached this Court and obtained the order of status-quo, as to against whom he is alleging such suppression of facts.

2 16 CA 6736-2025.odt 3.

Elaborate arguments were sought to be made on behalf of applicant (original petitioner) and the contesting respondents. We find that instead of entertaining this application, it would be appropriate that the Writ Petition itself heard and disposed of finally. 4.

The instant application i.e. Civil Application No.6736 of 2025 stands dismissed.

5.

However, it is directed that the Writ Petition No.6699 of 2023 be taken up for hearing on 16.09.2025.

6.

Learned Counsel - Mr. V.V. Jahagirdar, earlier appearing for the petitioner has joined the proceeding virtually and he points that the petitioner has taken away the papers and now another advocate - Mr. Prasad B. Vaidya is appearing.

7.

In view of the above, appearance of learned Counsel - Mr. V.B. Jahagirdar stands discharged on behalf of the petitioner. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Pooja Kale/