Prakash Alias Bhaiyalal Babulal Ahire Nand v. The State Of Maharashtra Through Department Of Revenue And Forest And Others

103.WP.14851.2023II.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14851 OF 2023 (This order is corrected as per speaking to the minutes of the order dated 23rd March 2026) Prakash Alias Bhaiyalal Babulal Ahire Nand

...Petitioner

Versus

Kaliaschandra Khaniyala Bharatiya and Others

...Respondents

WITH CIVIL APPLICATION NO. 10403 OF 2024 IN WRIT PETITION NO. 14851 OF 2023 ***  Mr. Kulkarni Sanket S., Advocate for the Petitioner.  Mr. Palod Lalitkumar Bansilal, Advocate for Respondent Nos.1 and 2.  Mr. Mahesh S. Sonawane, Advocate for Respondent No.3. *** CORAM : SIDDH/ESHWAR S. THOMBRE, J.

DATE : MARCH 13, 2026 P. C. :

1.

Heard the learned counsel for the respective parties. 2.

The present petition arises out of the order dated 30th November 2023, passed by the learned Civil Judge, Senior Division, Jalna, in Special Civil Suit No.27 of 2019, below Exhibit 50, whereby application filed by the petitioner (original plaintiff) to maintain status quo has been rejected.

3.

The learned counsel for the parties submit that instead of going into merits of the matter, this Court may direct the learned Trial Court to decide the application filed below Exhibit 5, which has been Shrikant Malani

103.WP.14851.2023II.doc pending since the year 2020.

4.

In view of the above, the present writ petition is disposed of with a direction to the learned Trial Court to decide the application filed below Exhibit 5 in Special Suit No.27 of 2019, as expeditiously as possible and preferably within a period of three months from today. 5.

All the contentions of the parties are kept open. 6.

In view of the disposal of the writ petition, nothing survives in the civil application and the same is accordingly disposed of. 7.

It is clarified that the interim relief granted by this Court vide its order dated 05th December 2023 shall continue till the learned Trial Court decides the application below Exhibit 5. ( SIDDHESHWAR S. THOMBRE, J. ) Shrikant Malani