Nitin Ganeshrao Thote And Another v. The Office Of Nagar Panchayat, Kalamb Yavatmal, Thr. Chief Officer

50wp8055-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.8055 of 2022 NITIN GANESHRAO THOTE AND ANOTHER VS THE OFFICE OF NAGAR PANCHAYAT, KALAMB YAVATMAL, THR. CHIEF OFFICER Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri T.J. Patil, Advocate for the Petitioner/s Shri P.P. Deshmukh, Advocate for the respondent-sole CORAM : ANIL S. KILOR, J.

DATED : 25.09.2023 1.

Heard.

2.

The application moved for grant of status quo came to be rejected vide impugned order dated 13.12.2022, which is under challenge in this petition.

3.

This Court on 14.12.2022 while issuing notice to the other side, directed the parties to maintain status quo and from last nine months the order of status quo is in operation. 4.

The learned counsel for the petitioners makes a statement that the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure for temporary injunction has not yet been decided.

5.

In that view of the matter, I am of the opinion that a purpose would be served, if the trial Court is directed to decide the said application within stipulated period and till then, the order of status quo granted by this Court vide order dated nd.thawre

50wp8055-22.odt 14.12.2022 would continue. Accordingly, I pass the following order:

6.

The writ petition is disposed of with a direction to the trial Court to decide the application filed by the petitioners under Order 39 Rule 1 and 2 of CPC for temporary injunction within two months from today.

7.

In the meantime, the order dated 14.12.2022 passed by this Court shall continue till the application for temporary application is decided.

[ANIL S. KILOR, J.] nd.thawre