Sadashivrao Pol Vividh Karyakari Co-Op. Soc. Ltd. Mardi Through Chairman v. Latika Dashrath Pol

4-WP-5140-2018.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5140 OF 2018 Sadashivrao Pol Vividh Karyakari Coop. Soc. Ltd.

.. Petitioner

Versus

Latika Dashrath Pol .. Respondent Mr. G. N. Salunke i/by Mr. Sharad S. Suryawanshi a/w Ranjit Hatkar for petitioner.

Mr. Avinash B. Avhad a/w Racheeta Dhuru for respondent. by PRAVIN DASHARATH PANDIT Date:

2025.07.29 19:37:19 +0530

CORAM:

ALOK ARADHE, CJ.

PRAVIN DASHARATH PANDIT DATE:

29th JULY, 2025 ORAL ORDER:

1.

In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 2nd April, 2018 by which the appeal preferred by the petitioner under Order XLIII Rule 1(r) of the Civil Procedure Code, 1908 has been dismissed and the order of the trial court dated 1st March, 2018 rejecting the application for interim injunction has been affirmed.

2.

Learned counsel for the parties pointed out that in the civil suit the issues have been framed. However, evidence yet to be recorded.

3.

A Bench of this Court, while entertaining the writ petition had granted ad-interim order on 23rd April, 2018 and directed the parties to maintain status quo, which has continued for past about more than seven years.

4-WP-5140-2018.doc 4.

In the facts and circumstances of the case, instead of examining the validity of the order dated 2nd April, 2018 and taking into account the fact that the ad-interim order granted by this Court on 23rd April, 2018 has been continued for a period of more than seven years, I deem it appropriate to dispose of the writ petition with a direction to the trial court to make an endeavour to decide the suit within a period of one year. Till then, ad-interim order granted by this Court on 23rd April, 2018 shall continue to operate.

5.

It is made clear that this Court has not expressed any opinion on merits of the matter.

6.

Let a copy of this order be forwarded to the Trial Court forthwith.

(CHIEF JUSTICE)