Suresh Limbaji Parkhe And Others v. Aastin Alban Parkhe Since Deceased Thr. Lrs. Ajay Agastin Parkhe And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6420 OF 2014 Suresh s/o Limbaji Parkhe & others Petitioners

Versus

Aastin Alban Parkhe & others Respondents Mr. Y.R. Shinde, advocate holding for Mr. R.R. Karpe, advocate for petitioners.

Mr. V.S. Bedre, advocate for respondents 1-a, 2, 3, 4-a. Mr. K.B. autade, advocate for respondent no. 6. CORAM : R.M.BORDE, J.

DATE : 26th MARCH, 2018 PER COURT:

1.

The Trial Court, on consideration of an application tendered by petitioners-original plaintiffs, restrained the defendants-owners from alienating the suit property or creating third party interest. The order passed by the Trial Court has been set aside by the learned District Judge on 30.06.2014. On presentation of writ petition before this Court, by order dated 01.08.2014, this Court has granted interim relief in terms of prayer clause 'C' thereby restraining original defendants from creating third party interest in relation to the suit property.

2.

The interim relief granted by this Court in the month of August 2014 is operating for more than three years. In the circumstances, the ends of justice would meet in directing the trial Court to decide the pending suit expeditiously by continuing the

{2} wp6420-14.odt interim order passed by this Court.

3.

In the circumstances, this writ petition stands disposed of with direction to the Trial Court to decide Regular Civil Suit No. 496/12 as expeditiously as possible, preferably within a period of six months from today. Interim relief granted by this Court on 01.08.2014 shall remain operative till decision of the suit. Parties before the Court assure to co-operate with the Trial Court in expeditious disposal of the suit.

4.

In view of above, writ petition stands disposed of. R.M.BORDE JUDGE dyb