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Bombay High CourtWP/12630/2017disposed off

Krushnarao Ramchandra Salugade (Sawant) (Since Deceased Through Lrs.) And ORS. v. Sadanand Swami Deosthan Trust, Through Balasaheb Kamalgiri Gosavi And ORS.

2024-12-11Hon'Ble Shri Justice Amit Borkar2 pages

1-wp-12630-2017.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12630 OF 2017 SHABNOOR AYUB PATHAN Krushnarao Ramchandra Salugade (Sawant) (Since Deceased) Through Legal Representatives & Ors.

... Petitioners V/s.

Sadanand Swami Deosthan Trust, Through Balasaheb Kamalgiri Gosavi & Ors.

... Respondents SHABNOOR AYUB PATHAN Date: 2024.12.11 16:26:05 +0530 Mr. Vishwanath Suresh Talkute for petitioners. Mr. Manmath S. Athalye for respondent No.1 (through V.C.)

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 11, 2024 P.C.:

1.

The petition arises out of interim orders passed by the Courts below. The Trial Court by the order dated 10th December 2012 granted injunction in petitioners' favour which was in force during pendency of appeal. The Appellate Court on 3rd October 2017 set aside order of the Trial Court. This Court on 15th January 2018 granted ad-interim relief which was continued thereafter. On 28th February 2018, this Court adjourned the petition as per CMIS date. On 27th November 2024, the petition was listed on today's board. The order of injunction has been in force during pendency of suit and the present petition. The order of injunction is in force in petitioners' favour since last 12 years; hence, it would be in the

1-wp-12630-2017.doc interest of justice to continue ad-interim relief. Hence, ad-interim relief order dated 15th January 2015 granted by this Court deserves to be continued during pendency of the suit as an interim relief.

2.

The writ petition stands disposed of by continuing ad-interim relief as per order dated 15th January 2018 as an interim relief during pendency of the suit.

(AMIT BORKAR, J.)