Suryabhan Thakaram Gholap And Others v. Sachin Nivrutti Kotkar And Others

39-WP-6422,34-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6422 OF 2014 WITH WP/6434/2014 SURYABHAN THAKARAM GHOLAP AND OTHERS

VERSUS

SACHIN NIVRUTTI KOTKAR AND OTHERS ...

Advocate for Petitioners : Mr. S. V. Chandole AGP for Respondents no. 2 to 4 : Mr. N. C. Garud ...

CORAM :

NITIN B. SURYAWANSHI, J.

DATE :

10-01-2022 PER COURT :- Both these petitions impugn common order dated 08.07.2014 passed by the learned Ad-hoc District Judge-3, Ahmednagar, in Miscellaneous Civil Appeals No. 56 of 2013 and 57 of 2013, whereby order dated 26.02.2013 passed by the learned 5th Joint Civil Judge, Senior Division, Ahmednagar, in Regular Civil Suit No. 850 of 2012, allowing the application (Exhibit-5) for temporary injunction and rejecting application (Exhibit-27) was reversed.

2.

Taking into consideration the fact that the Suit is of the year 2012 and the Appeal is filed in the year 2013, it would be in the interest of justice that the trial Court is directed to decide the suit within a period of six months, by continuing the order of

39-WP-6422,34-14.odt status-quo granted by the learned Ad-hoc District Judge-3, Ahemadnagar.

3.

In the result, by keeping all the contentions of the respective parties open, the learned 5th Joint Civil Judge, Senior Division, shall decide Regular Civil Suit No. 850 of 2012, within a period of six months from the date of receipt of writ of this order. 4.

In the meanwhile, order of status-quo passed by Ad-hoc District Judge-3, Ahmednagar, continued by this Court, shall operate.

5.

With aforesaid observations, both the Writ petitions are disposed of.

( NITIN B. SURYAWANSHI ) JUDGE rrd