Bhaskar Bapuro Bapmare v. Shankar Piraji Londhe

1 WP 4385-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4385 of 2014 Bhaskar S/o Bapurao Bapmare, age 45 years occupation agriculture R/o Khalwat Limgaon Taluka Wadwani Dist. Beed ...PETITIONER

VERSUS

Shankar S/o Piraji Londhe, age 65 years ocupation agriculture R/o Devadi Taluka Wadwani Dist. Beed.

...RESPONDENT Mr Mahesh V. Ghatge, Advocate for petitioner. Mr Vivek V. Bhavthankar, Advocate for respondent sole. CORAM : N.W. SAMBRE, J.

DATE : 30th October, 2017 ORAL ORDER :

Vide order dated October 8, 2013 passed by the District Judge-1, Majalgaon, the order granting injunction in Regular Civil Suit No. 22 of 2012 came to be set aside. As such, this petition. 2.

After having heard respective Counsel for some time, it is noted that the impugned order is holding field for last about four years. The suit must have advanced having regard to the background that there is no injunction.

2 WP 4385-2014 3.

In the wake of above, without going into the merits of the matter, this Court proposes to dispose of the petition, with a direction to the learned Trial Court to decide Regular Civil Suit No. 22 of 2012 expeditiously, in any case, within a period of one year from today. 4.

While deciding the suit, the Trial Court shall dwell upon merits of the matter independently, without being influenced by the findings recorded in the order impugned.

( NITIN W. SAMBRE, J.) pjm