Shri. Tukaram Nana Kambale And ANR v. Shri. Hindurao Malhari Ghodake And ORS

10-wp.12630.2024.doc Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12630 OF 2024 JAYANT VISHWANATH SALUNKE Shri. Tukaram Nana Kamble & Anr.

} Petitioners versus Shri. Hindurao Malhari Ghodake & Ors.} Respondents JAYANT VISHWANATH SALUNKE Date: 2025.07.07 18:53:32 +0530 Mr. Himanshu Kode for petitioners.

Mr.N.J. Patil i/b. Mr. Akshay Patil for respondents 1 to 7.

CORAM:

ALOK ARADHE, C. J.

DATE:

JULY 7, 2025 ORAL ORDER: (Per Chief Justice) 1.

This petition under Article 227 of the Constitution of India emanates from an order dated 22nd August 2023 passed by the District Judge-4, Kolhapur in Miscellaneous Appeal No. 166 of 2022, by which, the order dated 2nd May 2022 passed by the Trial Court granting injunction in favour of the petitioners has been set aside and the appeal preferred by the respondents has been allowed.

2.

The petitioners/plaintiffs had filed a suit for permanent injunction in respect of land bearing Gat No. 491 admeasuring 71R of Mouje Chavare, Taluka Hatkanangle, District Kolhapur. Along with the suit, an application for temporary injunction was also filed. The application for temporary injunction was allowed on 2nd May 2022 by the Trial Court. However, the aforesaid order has been reversed in appeal.

10-wp.12630.2024.doc 3.

Learned counsel for the parties jointly submit that the proceedings in the Suit have been fixed on 22nd August 2025 for cross-examination of the plaintiffs. It is further submitted that the parties are ready and willing to maintain status quo as it exists today and the Trial Court be directed to expedite the proceedings.

4.

In view of the aforesaid submission and in the facts and circumstances of the case, the parties are directed to maintain status quo as it exists today with regard to the subject matter of the suit. The Trial Court is directed to make an endeavour to conclude the suit expeditiously.

5.

With the aforesaid directions, the writ petition is disposed of.

(CHIEF JUSTICE)