Sou. Vaibhavi Anil Bhosale And ANR. v. Sharda Dinkar More And ANR.

904-wp-5056-2018.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5056 OF 2018 SHABNOOR AYUB PATHAN Vaibhav Anil Bhosale & Anr ... Petitioners V/s.

Sharda Dinkar More & Anr.

... Respondents by SHABNOOR AYUB PATHAN Date: 2023.09.15 13:22:21 +0530 Mr. Vishwanath S. Talkute, for the Petitioner. Mr. Ajay A Joshi, for Respondent No.2.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 14, 2023 P.C.:

1.

The writ petition challenges order passed by the lower Appellate Court granting injunction (mandatory) against the petitioner.

2.

It appears that the impugned order is passed on 2 April 2018. The order is in force for last more than five years; therefore, it is necessary in the interest of justice, the Trial Court shall decide the suit on its merits. Hence, following order is passed:

a) The Trial Court is directed to decide Regular Civil Suit bearing No.421 of 2015 on its merits and uninfluenced by the observations made in the impugned order.

904-wp-5056-2018.doc 3.

With this direction, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)