Gajanan Baburao More And Others v. Prakash Haribhau Shinde And Others

1 21-WP-4510-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4510 OF 2024 GAJANAN BABURAO MORE AND OTHERS Vrs.

PRAKASH HARIBHAU SHINDE 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 V. N. Patre, Advocate for petitioners.

Shri S. U. Nemade, Advocate for respondent Nos.1 and 2. Ms. Prachi Joshi, AGP for respondent Nos.3 and 4. CORAM: SACHIN S. DESHMUKH, J.

DATE : 21/07/2025.

1.

Heard learned counsel for the litigating sides. 2.

The learned counsel for the litigating sides agree that the status quo as on today shall continue for a period of four weeks from today.

3.

Since the parties have presented the civil suit before the Competent Court, the concerned Court is requested to take up the application presented by the litigating sides. Since there is suit vis-a-vis a counter claim put-forth by the defendant, the concerned Court is directed to decide the issue of grant of injunction on its own merit, within a period of four weeks.

4.

Needless to clarify that this Court has not considered the merit of matter in any manner. The order is passed in the light of concession between the litigating sides.

2 21-WP-4510-2024.odt 5.

It is further clarified that the respondent Nos.1 and 2 are not precluded from using the road in question for a period of four weeks for agricultural operation. The period is confined to four weeks only.

6.

Affidavit filed on behalf of respondent Nos.1 and 2 is taken on record and marked as "X" for the purpose of identification, wherein the undertaking is given that heavy vehicle causing damage to the agricultural land would not be used and the damage to standing crops would be avoided. [SACHIN S. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 22/07/2025 18:07:15