Bombay High CourtWP/5345/2016dispossed offdismiss for default

Baban Ramchandra Shukla v. Parag S/O Arvind Shukla And Another

2017-02-20Hon'Ble Shri Justice Z.A. Haq1 pages

1 wp5345.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5345 OF 2016 (BABAN RAMCHANDRA SHUKLA...VS.. PARAG ARVIND SHUKLA & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R.Deshpande, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 20, 2017.

The petitioner has challenged the judgment passed by the District Court dismissing the appeal filed by him under Order 43 Rule 1(r) of the Code of Civil Procedure and maintaining the order passed by the trial Court restraining him from alienating 6 acres of land out of Gut No.138 till disposal of the suit. The trial Court granted temporary injunction on 21st March, 2013 and the restraint order continues till date. In these facts, I am not inclined to interfere with the impugned order.

The petition is dismissed. No costs.

However, considering the fact that the civil suit is of 2011 and the petitioner is senior citizen, the trial Court is directed to dispose the civil suit within 9 months. JUDGE RRaut..