Janardan Ramchandrappa Bhatjode And Another v. Babanappa Ramchandrappa Bhatjode And Another
16wp4141-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Writ Petition No.4141 of 2018 Janardan Ramchandrappa Bhatjode And Another Vs Babanappa Ramchandrappa Bhatjode And Another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.B. Dharmadhikari, Advocate for the Petitioners Shri S.A. Mohta, Advocate for the respondent Nos.1 and 2 CORAM : ANIL S. KILOR, J.
DATED : 07.06.2023 1.
Heard.
2.
The present writ petition takes exception to the judgment and order dated 04.06.2018 passed by the District Judge III, Akola in MCA No.39 of 2018, dismissing the appeal challenging the order below Exh.5 dated 18.05.2018 passed by Civil Judge Junior Division, Barshitakli in Regular Civil Suit No.30 of 2018, rejecting the application filed by the plaintiff for grant of temporary injunction.
3.
The petitioners are the original plaintiffs. Admittedly, since 18.05.2018, there is no protection in favour of the petitioners. Even after dismissal of the appeal vide impugned judgment and order, no interim relief was granted by this Court in favour of the petitioners in the present writ petition.
4.
Both the learned counsel for the respective parties have made a joint statement that the suit is fixed on 14.06.2023 for nd.thawre
16wp4141-2018.odt recording evidence. In the circumstances, I am of the opinion that a purpose would be served, if the petition is disposed of without going into the merit of the matter and by directing the learned trial Court to decide the suit within six months from today.
5.
Both the learned counsel for respective parties have agreed for this arrangement. Accordingly, I pass the following order: i) The writ petition is disposed of.
ii) The learned trial Court is directed to decide the suit within six months from today.
iii) All points are kept open.
[ANIL S. KILOR, J.] DOMAJI THAWRE 16:18 nd.thawre