Chandrakant Shankar Adke v. Ramesh Tanaji Desai And ORS

60-wp9299-2019.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9299 OF 2019 Chandrakant Shankar Adke ... Petitioner V/s.

Ramesh Tanaji Desai & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.12.10 13:38:14 +0530 Mr. S.G. Deshmukh i/by Ms. Priya A. Patil for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 10, 2024 P.C.:

1.

The petitioner/original defendant No.2 is challenging judgment and orders passed by the Appellate Court restraining him from ousting petitioner from the suit property till final disposal of the suit. Considering the fact that the injunction is running against petitioner since 20 January 2018, no interference at this stage is called for.

2.

Hence, keeping all contentions raised by the petitioner open to be agitated before the Trial Court at the time of hearing of the suit, the writ petition stands disposed of. No costs. 3.

The Trial Court shall decide the suit on its own merits uninfluenced by the observations made in the impugned orders. 4.

Hearing of the suit is expedited.

(AMIT BORKAR, J.)