Shankarlal Govindram Panjabi And ORS. v. Babaso Mahadeo Nigade And ORS.

1-ao-475-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.475 OF 2025 WITH INTERIM APPLICATION NO.11180 OF 2025 Shankarlal Govindram Panjabi & Ors.

.....Appellants Vs.

Babaso Mahadeo Nigade & Ors.

.....Respondents Mr. Drupad S. Patil with Mr. Rajvardhan Chougule, for the Appellants.

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 5th December 2025 P.C.:- 1.

The present Appeal takes exception to order dated 15th October 2025 passed by District Court, Kolhapur, below Exhibit-9 in Regular Civil Appeal No. 164 of 2025.

2.

The District Court while considering Application for grant of injunction filed by Appellants recorded undertaking of Respondents that they will not create third party right or interest in suit property and will not alienate the suit property till decision of Appeal. The Appeal was directed to be posted for final hearing. Suresh 1/2

1-ao-475-2025.doc 3.

Learned advocate appearing for Appellants raised various contentions taking exception to order impugned. However, he lastly submits that if Appeal itself is heard finally, it would serve purpose. 4.

In that view of matter, without delving into merits of contentious, an innocuous order can be passed, hence order :

ORDER

I.

The Appeal stands disposed of. Learned District Judge is requested to decide Regular Civil Appeal No.164 of 2025 within a period of three months from date of this order. 5.

In view of disposal of Appeal, Interim Application, if any, stands disposed of.

(S. G. CHAPALGAONKAR, J.) Suresh 2/2