Dhondu Mahadev Ghatge And ORS v. Balkrishna Laxman Sukhali And ORS

93-wp473-2013 with ia1489-2023-modified.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.473 OF 2013 WITH INTERIM APPLICATION NO.1489 OF 2023 Dhondu Mahadev Ghatge ... Petitioner V/s.

Balkrishna Laxman Sukali & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2024.12.02 16:05:18 +0530 ATUL GANESH KULKARNI Mr. Kayval Shah with Ms. Gunjan Shah for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 29, 2024 P.C.:

1.

The petitioner is challenging order passed by the Courts below on an application for temporary injunction whereby defendants were restrained from obstructing plaintiffs' possession over the suit property till the decision of the suit. 2.

On 21 February 2013, this Court issued notice and directed parties to maintain status quo as regards suit property 1(b), i.e. Survey No.36 (438) Hissa No.2 admeasuring 2-H-81-R. 3.

Hence, by continuing order dated 21 February 2013 as interim order during pendency of the suit, the writ petition stands disposed of.

4.

However, all contentions raised by the petitioner and respondents on merit are kept expressly open to be agitated before the Trial Court at the time of hearing of the suit.

93-wp473-2013 with ia1489-2023-modified.doc 5.

Hearing of the suit is expedited.

6.

The trial Court is directed to decide the suit within six months from the date of receipt of this order. 7.

In view of disposal of the writ petition, all pending interlocutory applications stand disposed of as infructuous. (AMIT BORKAR, J.) Note:

This order is modified as per order dated 2 December 2024 passed on a praecipe for speaking to the minutes. Corrections in paragraph 2 is shown in italicize.