Rajan Madhukar Shelke And Another v. Ravindra Keshav Shelke And Others

wp11772.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 WRIT PETITION NO.11772 OF 2019 RAJAN MADHUKAR SHELKE AND ANOTHER

VERSUS

RAVINDRA KESHAV SHELKE AND OTHERS .....

Advocate for Petitioners : Mr. Shyam S. Jawale h/f Mr. Amit A. Yadkikar .....

CORAM : V. K. JADHAV, J.

DATED : 22nd JANUARY, 2020 PER COURT:- 1.

Heard learned counsel for the petitioners.

2.

This petition is premature one. The petitioners-original plaintiffs have obtained exparte temporary injunction order from the trial court and the said order was passed till the appearance of the defendants. The petitioners-plaintiffs have filed applications from time to time for extension of time. However, on the last applications Exh.309 and Exh.312, the trial court has only passed order "other side to say" and even though certain defendants caused their appearance in the suit, they have not filed any say to the applications. The trial court has not passed any order on applications Exh.309 and 312. It Is expected from the trial court to pass order on the applications Exh.309 and 312 in the event if no say is filed by the other side and even if the say is filed, after giving opportunity of hearing to both sides.

wp11772.19 -23.

This writ petition is disposed of by directing the petitionersplaintiffs to pursue the said applications and the trial court shall pass order on the said applications.

4.

Writ petition is accordingly disposed of.

( V. K. JADHAV, J.) rlj/