Jitendra Lalchand Sonar And Others v. The State Of Maharashtra And Anothers

wp8661.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 8661 OF 2015 Jitendra Lalchand Sonar & others .. PETITIONERS

VERSUS

The State of Maharashtra & another .. RESPONDENTS Mr. S.P. Brahme, advocate for petitioners.

Mr. V.H. Dighe, AGP for the State.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 21st AUGUST, 2015 PER COURT :

1.

Petitioners contend that Regular Civil Suit No. 153/2015 is presented to the Civil Judge, Senior Division, Dhule, and, the said suit has been allotted to the Court of Jt. Civil Judge, Junior Division, Dhule, for hearing and disposal. Application tendered by petitioners seeking interim relief has been heard by the Court and, 19.08.2015 was the date prescribed for further consideration of the application or for passing of the order. It is informed that the learned Civil Judge has been deputed for training and is expected to return back on 25.08.2015. Petitioners apprehend that, in the meanwhile, respondents may take coercive action and may dispossess them. 2.

In the facts and circumstances of the case, we deem it appropriate to grant limited protection to petitioners upto 26.08.2015. The learned Civil Judge before whom the matter is pending for consideration may pass

wp8661.15.doc appropriate order on his resumption of charge. It is clarified that this Court has not examined the merits of the contentions raised by petitioners and it would be open for the learned Civil Judge to pass appropriate order considering the facts and circumstances of the case pending before him. The learned trial Judge shall not be influenced by the indulgence shown by this Court for limited period. With the directions as above, writ petition stands disposed of.

3.

The order passed by this Court shall be communicated to the concerned Civil Judge forthwith.

( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb