Pradip Dyaneshwar Aasutkar And Others v. Kailash Kahiram Raut And Others

2024:BHC-NAG:2161 10.wp.1241.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1241 OF 2024 Pradip Dyaneshwar Aasutkar and others .Vs. Kailash Kahiram Raut and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K.R. Giripunje, Adv. h/f Ms R.S. Sirpurkar, Adv. for petitioners. CORAM : ANIL S. KILOR, J.

DATED : 22/02/2024 1.

The learned first Appellate Court in Regular Civil Appeal No.125 of 2023 granted status quo on 22.11.2023 and to get it vacated, the petitioner moved an application for the same vide Exh.20. The grievance of the petitioner is that, the said application is pending from 11.12.2023 and till date, no order is passed. 2.

On pointing out that such grievance cannot be entertained in the writ petition filed before the Single Bench, it is argued that, the petitioner is challenging the order dated 22.11.2023 granting status quo.

3.

Considering the said submission, I am of the opinion that, the writ petition is not maintainable for the reason that the application Exh.20 filed by the petitioner seeking vacation of the status quo order is already pending before the first Appellate Court.

4.

In that view of the matter, the writ petition is dismissed.

JUDGE C.L. Dhakate