Sadique Maheboob Nadaf And ORS v. Solapur Municiapal Corporation Solapur Through Its Commissioner And ANR

35-WP9733-2024.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9733 OF 2024 Sadique Maheboob Nadaf and ors.

...Petitioners

Versus

Solapur Municipal Corporation Solapur through its Commissioner and anr.

...Respondents

Mr. Ratan Adhe, for the Petitioner.

Mr. Ramdas Hake Patil, for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATED :

14th JANUARY, 2025 PC:- 1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to an order dated 11th June, 2024 passed by the learned Civil Judge, Junior Division, Solapur, directing the plaintiffs to maintain status quo ante i.e., the position which obtained after 14th March, 2024 and before the status quo order dated 16th April 2024 was passed by the said Court.

3.

The trial Court was constrained to pass the impugned SANTOSH SUBHASH KULKARNI order as by taking undue advantage of the status quo order, the SANTOSH SUBHASH KULKARNI Date: 2025.01.18 16:32:15 +0530 plaintiffs allegedly reconstructed the structures and started running businesses therefrom. The trial court has in terms recorded that the plaintiffs by taking undue advantage of the 1/2

35-WP9733-2024.DOC status quo order passed by the Court on 16th April, 2024 have reconstructed the shops over the suit property in flagrant violation of the order of the Court.

4.

In view of the aforesaid clear and categorical observation of the Court and the action on the part of the plaintiffs of taking the law in their own hands and reconstructing the structures on the suit property, by taking undue advantage of the status quo order, no interference is warranted in exercise of supervisory writ jurisdiction.

5.

The petition stands dismissed.

[N. J. JAMADAR, J.] 2/2