Kakasaheb Bhaurao Dhadge And Another v. Yamunabai Purushottam Devgirikar And Another

1 951-WP-6812-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 WRIT PETITION NO.6812 OF 2022 KAKASAHEB BHAURAO DHADGE AND ANOTHER

VERSUS

YAMUNABAI PURUSHOTTAM DEVGIRIKAR AND ANOTHER ...

Advocate for Petitioners : Mr Himmatsinh D.Deshmukh Advocate for Respondent No. 2 : Mr Chaitanya C. Deshpande CORAM : SANDEEP V. MARNE, J.

DATE : 2nd DECEMBER, 2022 PER COURT :

1.

By the present writ petition, petitioners challenge the Judgment and order dated 17th February, 2022 passed by the District Judge, Newasa, Dist. Ahmednagar, thereby dismissing Misc. Civil Appeal No. 14/2018 filed by petitioners challenging the order dated 23rd November, 2016 passed by the trial court granting injunction in favour of the plaintiffs/respondents. The injunction was in operation from 23rd November, 2016 till the decision of the appeal on 17th February, 2022. 2.

During the pendency of the present petition, the respondents were directed to maintain status quo by order dated 4th July, 2022. 3.

The suit is of the year 2015. In view of the fact that the injunction was in operation during the year 2015 to 2022, and thereafter, the order of status quo was granted by this Court is in operation since 04.07.2022, it would be in the fitness of things to request the trial court to expedite the hearing of the suit rather than examining the merits of the impugned Judgment and order.

2 951-WP-6812-2022 4.

Accordingly, the writ petition is disposed of. It is requested to the trial court to expedite the hearing of the suit and to make endeavour to decide the same as expeditiously as possible and preferably, within a period of one (01) year from today.

[ SANDEEP V. MARNE, J.] mta