Shri. Rangnath Maharaj Sansthan, Deulgaon, Thr. President Sanjay Vishvanath Karale And Others v. Grampanchayat Deulgaon Through Sarpanch Sonam Vinayak Uparwat And Another

2024:BHC-NAG:4056 1 wp 6583.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.6583/2019 (Shri Rangnath Maharaj Sansthan Deulgaon and others V Grampanchayat Deulgaon and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O.Y. Kashid, Advocate for Petitioners. (VC) Mr. A.S. Dhore, Adv for resp. nos. 1 and 2.

CORAM : Abhay J. Mantri, J.

DATE : 04-04-2024.

Heard, learned Advocate for the Petitioners as well as the respondents.

2.

The petitioners are the legal heirs of the original plaintiff have preferred this petition challenging the order dated 20-08-2019 passed by the learned District Judge in MCA No.33/2019, confirming the order passed by the CJSD, Patur, whereby rejected the application for grant of temporary injunction in favour of the plaintiff.

3.

It seems that since 2019, the suit as well as this petition have been pending. On 27-09-2019, this Court passed the order that 'the parties shall maintain the status quo as of today until further orders'. Accordingly, since then status quo order has been in force. 4.

During the argument learned Advocate for the petitioners claimed that they are in possession of the property i.e. 'Sabhagruh'. On the other hand, the learned Advocate for the respondents

2 wp 6583.19.odt propounded that on 26-09-2019 'Sabhagruh's possession was taken by the Gram Panchayat, and its key is kept with the Collector. 5.

In such an eventuality, the learned Advocates for both parties requested to dispose of the petition with direction to the parties to maintain the status quo till the disposal of the suit. Also, the parties agreed to proceed with the suit subject to the continuation of the status-quo order, however, they urged to expedite the proceedings before the trial Court. Considering the aforesaid submissions and facts of the case, in my view without going into the merits of the case and keeping open the aforesaid points, it would be appropriate to dispose of the writ petition by passing the following order.

(a).

In view of the above observations the Writ Petition is disposed of.

(b).

Parties are directed to maintain the status quo in respect of the suit property till the conclusion of the suit. (c).

Needless to clarify without going into the merits of the case, has passed the above order, therefore, the trial Court shall not be influenced by this order.

(d).

The Trial Court is directed to expedite the suit. (Abhay J. Mantri, J.) Deshmukh