Shri. Shivling Annappa Mendhe v. Akkatai Mahadev Durgade And ANR.

30-wp6313-2017.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6313 OF 2017 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.11.26 17:04:15 +0530 Shivling Annappa Mendhe ... Petitioner V/s.

Akkatai Mahadev Durgade & Ors.

... Respondents Mr. Vijay Killedar with Mr. Sumedh Modak for the petitioner.

Ms. Anjali R. Shiledar for the respondents.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 26, 2024 P.C.:

1.

By the impugned order, the Appellate Court has rejected the temporary injunction application of the petitioner restraining defendant Nos.5 to 14 from causing obstruction to the petitioner's possession over the suit property and further creating third party interest in relation to suit properties till the final disposal of the suit. The order of injunction in favour of the petitioner has been vacated by order dated 26 April 2017. Thereafter, Hon'ble Single Judge of this Court, on 17 July 2017, directed parties to maintain status quo till 1 August 2017. Record indicates that the order of status quo is not continued thereafter. Hence, at this stage, it is not necessary to consider the petitioner's case on merits. Hence, the writ petition stands dismissed. However, contentions raised by the

30-wp6313-2017.doc petitioner are permitted to be raised before the Trial Court at the time of hearing of the suit.

2.

Pending interlocutory application(s), if any, stand disposed of.

(AMIT BORKAR, J.)