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Bombay High CourtWP/2612/2025disposed off

Shri Ganesh Stone Crusher Nagalgaon Through Its Proprietor v. The Superintendent Engineer Mseb Limited And Others

2025-02-26Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:5846 49-WP-2612-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO. 2612 OF 2025 SHRI GANESH STONE CRUSHER NAGALGAON THROUGH ITS PROPRIETOR

VERSUS

THE SUPERINTENDENT ENGINEER MSEB LIMITED AND OTHERS ...

Advocate for the Petitioner : Mr. V. D. Gunale ...

CORAM

: KISHORE C. SANT, J.

Dated : February 26, 2025 PER COURT :- 1.

The challenge is to an order dated 08.06.2023 passed by the learned District Judge-1, Kandhar, dismissing the Miscellaneous Civil Application filed by the petitioner bearing No. 04 of 2020. The said application was filed challenging the order passed by the learned Trial Judge refusing to grant injunction by rejecting the application below Exh-5 by judgment and order dated 16.01.2020. Though, the present petition was filed in the year 2019, it was misplaced for some period and later on, the same is re-constructed. 2.

Be that as it may, this Court finds that since last 5 years, the suit is pending without any interim relief, it would

49-WP-2612-25 not be proper now to grant injunction against the respondents. The suit is pending since 2019. It would be in the interest of justice to direct the Trial Court to dispose off the suit as early as possible and in any case within one year from today. Needless to mention that, this Court has not touched the merits of the matter.

3.

The writ petition stands disposed off, with no order as to costs.

( KISHORE C. SANT, J. ) PRW