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Bombay High CourtWP/14469/2019disposed offdismissed for default

Hasnand Suganmal Mandhan v. Vidya Rajesh Totla

2020-02-21Hon'Ble Shri Justice V.K. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14469 OF 2019 HASNAND SUGANMAL MANDHAN

VERSUS

VIDYA RAJESH TOTLA ...

Advocate for Petitioners : Mr. Brahme Shailesh P. Advocate for Respondents : Mr. Bhandari Anand P. ...

CORAM : V.K. JADHAV, J.

Dated: February 21, 2020 ...

PER COURT :- 1.

The petitioner is the original defendant. The respondent/original plaintiff has instituted the suit bearing Regular Civil Suit No.4 of 2017 for declaration and injunction in respect of the suit property. During pendency of the suit, respondent/plaintiff has fled an application Exhibit 6 for issuance of order of temporary injunction. Trial Court has rejected the said application Exh.6.

Being aggrieved by the same, respondent/plaintiff has preferred Misc. Civil Appeal No.24 of 2017 before the District Court, Jalgaon and the learned District Judge No.3, Jalgaon by impugned judgment and order dated 23.10.2019 allowed the said

Misc. Civil Appeal, set aside the order passed by the Trial Court below Exhibit 6 and allowed the application Exhibit 6 partly as detailed in the operative part of the order. By consent, this Writ Petition can be disposed off. Learned counsel appearing for the respective parties on instructions, submit that the parties would maintain STATUS-QUO as on today in respect of the suit property till the disposal of the suit and the Trial Court may be directed to dispose off the suit as expeditiously as possible in a time bound manner.

2.

In view of the above, this Writ Petition is hereby disposed off. Parties as agreed shall maintain the status-quo as on today in respect of the suit property. Needless to say that the order impugned in this writ petition would be replaced by the order of status-quo to be maintained as on today by both the parties till the disposal of the suit. The Trial Court is hereby directed to dispose off the suit as expeditiously as possible and preferably within a period of ONE YEAR from the date of this order. Parties shall cooperate the

Trial Court to dispose off the suit in a time bound manner as directed by this Court.

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