Ganesh Mahadev Lokare And Another v. The State Of Maharashtra Through Collector And Others

940.WP-10235-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10235 OF 2023

1. Ganesh s/o Mahadev Lokare

2. Narsu s/o Parasram Lokare

...Petitioners

Versus

1. The State Of Maharashtra Through Collector, Osmanabad.

2. The Sub Divisional Officer, Kallamb, Osmanabad.

3. The Tahasildar, Kallamb.

4. Dnyaneshwar s/o Vinayk Lokare

5. Bibhishan Sukhdev Lokare

...Respondents

...

Advocate for Petitioners : Mr. Kore Ganesh J AGP for Respondents/State : Mr. B. V. Virdhe Advocate for Respondent No.5 : Mr. D.A. Mane ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 8th NOVEMBER 2023 PER COURT :

.

Heard.

1.

The present petition is filed against the concurrent findings of the facts arising out of proceeding under Order 39 Rule 1 and 2 of the Civil Procedure Code in Regular Civil Suit No.359/2021. On earlier occasion, an interim protection is passed by this Court. In the fitness of the things, if the earlier protection is continued and suit is directed to be decided, then purpose will be served.

940.WP-10235-2023.doc 2.

The learned Counsel for the respondent no.5 requests that suit be expedited.

3.

The writ petition is disposed of. The interim protection granted by this Court on 18.08.2023 shall be continued until final disposal of RCS No.359/2021 pending before the Civil Judge, Senior Division, Kallamb.

4.

The learned trial Judge shall make an endeavour to decide the suit as expeditiously as possible and preferably within four months from today.

[ SHAILESH P. BRAHME, J.] Najeeb.