Osmani Mir Jawed Ali Mir Sajed Ali v. Kamruddin Farooque Fasluddin Farooque And ORS

2024:BHC-AUG:1160 (1) 932 CRA-132.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CRA NO. 132 OF 2021 OSMANI MIR JAWED ALI MIR SAJED ALI

VERSUS

KAMRUDDIN FAROOQUE FASLUDDIN FAROOQUE AND ORS ...

Mr. A.M. Inamdar, Advocate for the petitioner. Mr. Javed Deshmukh, Advocate for respondent No.1. Mr. Gulam Mujtaba, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

19 January 2024 ORDER:- 1.

Heard rival submissions.

2.

On last occasion i.e. on 04.01.2024 the learned Counsel for respondent No.1 had made submission that though the application (Exh.5) filed by the present applicant before the learned trial Court was rejected, but the trial Court thereafter on 02.12.2021 directed the parties to maintain status-quo in respect of the suit premises. It appears that both the rival parties are claiming to be in possession of the suit shop. But both of them have disputed possession of each other. 3.

The learned Counsel for respondent No.1 had given option that by keeping the order of status-quo dated 02.12.2021 passed by the learned trial Court and continued by this Court till today, as it is, the original suit can be disposed

(2) 932 CRA-132.2021.odt of. The learned Counsel for the present applicant/plaintiff consented to this. In view of the same, the present Civil Revision Application stands disposed of with direction that the learned trial Court shall decide the original suit i.e. Wakf Suit. No. 49/2021 as early as possible by keeping the aforesaid order of status-quo as it is during its pendency. (SANDIPKUMAR C. MORE, J.) vd_dhirde