Ashok Sambhu Pawar v. Hirabai Dnyandeo Kote And Others

(1) 937-wp-7103-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7103 OF 2015 ASHOK SAMBHU PAWAR

VERSUS

HIRABAI DNYANDEO KOTE AND OTHERS ...

Mr. V. H. Dighe, Advocate for the Petitioner. Mr. S. S. Choudhary, Advocate for Respondent Nos.1 to 3. ...

CORAM : SANDEEP V. MARNE, J.

DATED : 09th DECEMBER, 2022.

PER COURT:- 1.

By this petition petitioner challenges the judgment and order order dated 16.06.2015 passed by the District Judge-2, Kopargaon by which appeal filed by defendants in the suit came to be allowed and the order dated 13.03.2015 passed by the Trial Court granting injunction in favour of plaintiff came to be set aside. Thus since 16.06.2015, there in no injunction in favour of petitioner. The plaintiff has filed above petition which is pending for long seven long years.

2.

In this view of matter instead of going to the correctness of the order passed by the District Court at this stage the ends of justice would meet if the suit itself is disposed of. The Trial Court is expected to decide the suit as expeditiously as possible.

3.

With the above directions, writ petition is disposed of. 4.

All points on merits are kept open.

(SANDEEP V. MARNE) JUDGE Devendra/December-2022