Shivdas Tukaram Suryawanshi And Others v. Ganesh Narayan Bolange And Others

wp11015.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 11015 OF 2015 Shivdas s/o Tukaram Suryawanshi & others .. PETITIONER

VERSUS

Ganesh s/o Narayan Bolange & others .. RESPONDENTS ===== CORAM : R.M. BORDE, J.

DATE : 19th JANUARY, 2016.

PER COURT :

1.

None appears for petitioners.

2.

Petition is raising exception to the order dated 22.04.2015 passed by the District Judge - 4, Latur, thereby allowing the appeal presented by respondents and setting aside order dated 13.01.2014 passed below exh. 5 by the trial Court allowing the application tendered by petitioners for grant of temporary injunction.

3.

It appears that the trial Court granted temporary injunction in favour of plaintiffs and against defendants by order dated 13.01.2014. Order passed by the trial Court was subject matter of appeal which has been allowed on 22.04.2015. Since the date of decision of the first appellate Court i.s. since last more than eight months, there is no order operative against defendants and in favour of plaintiffs. In these circumstances, ends of justice would be met in directing the trial Court to decide the suit being

wp11015.15.doc Regular Civil Suit No. 149/2013, as expeditiously as possible, preferably within a period of eight months from today and, it is accordingly directed. Writ petition stands disposed of.

( R. M. BORDE ) JUDGE dyb