Probhod Shankar Gaikwad v. Nurulain Abdulkarim Shaikh And ORS
10-WP-284-2012.doc Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.284 OF 2012 WITH CIVIL APPLICATION NO. 1017 OF 2013 Probhod Shankar Gaikwad .. Petitioner
Versus
Nurulain Abdulkarim Shaikh & Ors.
.. Respondents WITH WRIT PETITION NO. 311 OF 2012 The Chief Officer, Panchgani Girishthan Parishad, Panchgani & Ors.
.. Petitioners by PRAVIN DASHARATH PANDIT Date:
2025.07.15 19:49:35 +0530 PRAVIN DASHARATH PANDIT
Versus
Nurulain Abdulkarim Shaikh & Ors.
.. Respondents None for petitioner in WP/284/2012.
Mr. Gaurav Lele i/by Mr. Yadunath Chaudhari for petitioner in WP/311/2012 and for respondent no.2 in WP/284/2012. Mr. S. D. Rayrikar, AGP for respondent no.3 in both the writ petitions.
CORAM:
ALOK ARADHE, CJ.
DATE:
15th JULY, 2025 ORAL ORDER:
1.
In these writ petitions filed under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 5th January, 2012 passed by the Adhoc District Judge-1, Satara, by which the order dated 18th July, 2011 passed by the trial court rejecting the application for
10-WP-284-2012.doc injunction has been confirmed and the appeals preferred by the petitioners have been dismissed.
2.
None has appeared on behalf of the petitioner in Writ Petition No. 284 of 2012. I have Mr. Lele, learned counsel for the petitioner in Writ Petition No. 311 of 2012 and for respondent no.2 in Writ Petition No. 284 of 2012. 3.
The civil suit is instituted in the year 2011. The trial court has rejected the application for temporary injunction by an order dated 18th July, 2011, which has been affirmed by the Appellate Court vide impugned order dated 5th January, 2012. Therefore, in the facts and circumstances of the case, instead of examining the validity of the orders containing concurrent findings of fact against the petitioners, I deem it appropriate to direct the trial court to decide the suit, if not already decided, within a period of six months from today. 4.
Accordingly, both the writ petitions are disposed of. 5.
Civil Applications/Interim Applications, if any, shall also stand disposed of.
6.
Let a copy of this order be communicated to the trial court.
(CHIEF JUSTICE)