Dinesh Namdeo Rode v. State Of Maha., Thr. Its Collector, Chandrapur And Others
2024:BHC-NAG:744 19wp6514-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO.6514 OF 2022 DINESH NAMDEO RODE VS STATE OF MAHA., THR. ITS COLLECTOR, CHANDRAPUR 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 S.V. Sirpurkar, Advocate for the Petitioner/s Shri N.S. Rao, AG.P. for the Respondent Nos.1 and 2/State Shri Dhore, Adv. for the respondent No.3 CORAM : ANIL S. KILOR, J.
DATE : 18.01.2024 1.
In the suit challenging the order of Tahsildar granting right of way, the learned trial Court granted temporary injunction, which has been reversed by the First Appellate Court vide impugned judgment and order dated 20.07.2022. 2.
Thus, it is evident that from 20.07.2022, there is no interim protection or interim injunction operating in favour of the plaintiff/petitioner as this Court has not granted interim relief in this writ petition. In the meantime, the suit pending before the trial Court, has reached to the stage of recording of evidence. 3.
In that view of the matter, I am of the opinion that any observation made on merits may cause prejudice to any of the parties or the trial Court may get influenced by any such finding. Therefore, for the ends of justice, I am of the opinion that a nd.thawre
19wp6514-22.odt purpose would be served if the trial Court is directed to decide the suit at the earliest.
4.
Both the parties agreeable to this arrangement. 5.
Accordingly, the writ petition is disposed of with a direction to the learned trial Court to decide the suit expeditiously, and in any case, within nine months from the next fixed date. 6.
Both the parties have undertaken to co-operate the trial Court to decide the suit within the stipulated period. [ANIL S. KILOR, J.] nd.thawre