Vivek Devikantrao Deshmukh v. Sandeep Balasaheb Walke And Anothers

1 A.O. 97/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 97 OF 2014 AND CIVIL APPLCIATION NO. 10271 OF 2014 Vivek Devikantrao Deshmukh .. Appellant/ Applicant Vs.

Sandeep Balasaheb Walke and ors.

.. Respondents ---- Mr. Milind M. Patil (Beedkar), Advocate for the appellant/applicant Mr. P.H. Sukale, Advocate i/b. Mr. M.P. Kale, Advocate for the respondent no.3 Mr. V.J. Dixit, Sr. Advocate with Mr. S.G. Jadhavar, Advocate for respondent no.2 ---- CORAM : M.T. JOSHI, J.

DATE : 17/03/2015 ORAL ORDER :

1.

Upon hearing both sides, it is found that as the injunction is running since long i.e. since 6/9/2014, the learned Civil Judge Senior Division, Parbhani is directed to take efforts for decision in Special Civil Suit no. 22 of 2014 itself within a period of six (6) months.

2.

In case the suit could not be decided within a period of six months, the present appellant would be at liberty to file application under Rule 4 of Order 39 of

2 A.O. 97/2014 the Code of Civil Procedure for modification of the order, as the properties in the Corporation limit are involved and there is no development over the same. 3.

With these directions, the appeal is disposed of without any order as to costs.

4.

Consequently, civil application no. 10271 of 2014 seeking injunction and stay to the impugned order does not survive and stands disposed of.

5.

Parties to appear on the already fixed date in the trial Court.

6.

Parties to act on authenticated copy of the order.

[M.T. JOSHI] JUDGE arp/