Mohmmad Ambir Shaikh And Another v. Anil Nanasaheb Ghogare And Others

2026:BHC-AUG:9380

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13190 OF 2024 Mohmmad Ambir Shaikh And Another

VERSUS

Anil Nanasaheb Ghogare And Others ...

Mr. S. B. Madde, Advocate for the Petitioners Mr. S. B. Bhapkar, Advocate for Respondent nos.1 to 4 .....

CORAM : AJIT B. KADETHANKAR, J.

DATED : 05TH MARCH, 2026 ORDER :- .

Regular Civil Suit No.427 of 2020 was instituted in the Court of learned Civil Judge Junior Division, Ahmedpur in the year 2020 and order on an application under Order 39 Rule 1 and 2 read with Section 151 of Civil Procedure Code came to be passed on 15.07.2023.

2.

That order was taken in challenge by the defence vide Miscellaneous Civil Appeal No.21 of 2023. The Miscellaneous Civil Appeal came to be allowed by the learned District Judge1, Ahmednagar vide order dated 30.09.2024. As against that, the petitioners/original plaintiffs have filed present petition.

3.

Vide order dated 17.02.2025, this Court stayed the order dated 30.09.2024, passed in the Miscellaneous Civil Appeal No.21 of 2023. Both the parties fairly concede that the interim relief is in operation as on today. Needless to mention the effect of the order dated 17.02.2025, passed by this Court is that the temporary injunction granted by the learned Trial Court is in force.

4.

Mr. S. B. Madde, learned Advocate for the petitioners as also Mr. S. B. Bhapkar, learned Advocate for the respondents submit that the trial of the suit is in progress and evidence is on its way. Both the learned Counsels submit that the Writ Petition be disposed of with directions to the learned Trial Court to decide the suit within a time frame manner. 5.

In this peculiar facts, the request made by both the parties seems to be moderate one. Hence, I pass following order:

ORDER

a.

Writ Petition stands disposed of with directions to the learned Trial Court to conclude the trial within an outer limit of eight months from today.

b.

Both the parties undertake not to seek unnecessary adjournments in the matter and to assist the trial proceedings.

c.

Interim relief granted by this Court vide order dated 17.02.2025 shall continue till disposal of the suit.

d.

Pending Civil Applications if any, stand disposed of.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2026