Bombay High CourtWP/279/2020disposed offdismissed for default

Vijaya Omprakash Somani And Others v. Vasant Ganpat Khare And Others

2020-01-08Hon'Ble Shri Justice Rohit B. Deo2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.279 OF 2020 Vijaya Omprakash Somani & others Petitioners

Versus

Vasant Ganpat Khare & others Respondents Mr.Ajeet B. Kale, advocate for the petitioners. Mr.M.G.Patil, advocate for Respondent No.1.

CORAM : ROHIT B.DEO, J.

DATE : 08/01/2020 PER COURT :

The petitioners, who are original defendants, are challenging the order dated 21,09.2019 in Misc. Civil Appeal No.31 of 2019, whereby and whereunder the appellate Court has refused to interfere with the ex parte ad interim injunction granted by the trial Court regarding possession of the suit property. Rather than spending months agitating the legality of the ad interim injunction, the petitioners would have done better, in their own interest, had they insisted for early disposal of the application.

I am satisfed that the order impugned does not warrant any interference in the writ jurisdiction.

The learned trial Court shall decide the application under Order 39 Rules 1 and 2 of the Civil Procedure Code, on merits within seven days of the conclusion of the submissions. With the aforesaid observations, writ petition is disposed of.

(ROHIT B.DEO) JUDGE adb