Rajnikant S/O Ramesh Patil And Others v. Dinkar S/O Sakharam Patil And Otehrs

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6242 OF 2016 Rajnikant s/o Ramesh Patil and ors.

-vsDinkar Sakharam Patil and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. R. Puri, Advocate for petitioners.

Shri R. Darda, Advocate for respondents.

CORAM : A.S.CHANDURKAR, J.

DATE : July 03, 2019 In view of notice for final disposal, learned counsel for the parties have been heard.

The petitioners are the original defendants who are aggrieved by the order passed by the appellate Court on 10/10/2016 whereby the application for temporary injunction that was moved by the original plaintiff has been allowed and an order of temporary injunction has been passed. The original petitioner has been restrained from disturbing the possession of the respondent. This Court on 24/10/2016 while issuing notice had directed the parties to maintain status quo. That arrangement continues to operate even today. 2.

The learned counsel for the parties submit that if the proceedings in the civil suit are expedited by maintaining the present position, the

17-WP-6242-16 2/2 interests of justice would be served.

3.

In view of aforesaid, considering the fact that the challenge is raised to an interlocutory order and the suit is pending before the trial Court, the interests of justice would be served by directing expeditious disposal of the suit and by continuing the order of status quo that was granted on 24/10/2016.

Accordingly, the proceedings in R.C.S.No.110/2015 are expedited. The trial Court shall decide the said suit by the end of March 2020. The order of status quo that was granted on 24/10/2016 shall continue to operate. However, this interim arrangement is without prejudice to the rights of the parties and the trial Court while deciding the suit shall not be influenced by the same.

The Writ Petition is disposed of in aforesaid terms. No order as to costs.

JUDGE Asmita