Pranjal S/O Gautam Fulzele v. Arun S/O Sadashiv Undirwade And Others

2024:BHC-NAG:5178 1 16-WP-2876-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2876 OF 2024 PRANJAL S/O GAUTAM FULZELE Vrs.

ARUN S/O SADASHIV UNDIRWADE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri M. P. Khajanchi, Advocate for petitioner. CORAM: ANIL S. KILOR, J.

DATE : 30/04/2024.

1.

The order issuing notice in Misc. Civil Appeal No.6/2024 filed by the petitioner challenging the order below Exh.5 dated 26/03/2024 rejecting the application for temporary injunction, is under challenge in the writ petition on the ground that not considering the prayer for ad-interim stay amounts to rejection of interim stay. However, considering the fact that the matter is listed on 08/05/2024, I am of the opinion that this petition can be disposed of with directions to the Appellate Court to consider the request of petitioner for ad-interim relief till the decision of the application for temporary injunction on 08/05/2024.

2.

Moreover, if this matter is entertained on merit and order is passed, the First Appellate Court may influence by the same.

3.

In that view of the matter, the writ petition is disposed of with directions to the District Judge-1,

2 16-WP-2876-24.odt Gadchiroli to consider the prayer of the petitioner for ad-interim relief on 08/05/2024.

[ANIL S. KILOR, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 02/05/2024 14:25:34