Mallu Pirappa Alagikar v. Collector, Sangli District And ORS

903 wp 1069 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1069 OF 2025 Mallu Pirappa Alagikar ...

Petitioner versus Collector, Sangli District and Ors.

...

Respondents Mr. Nagesh Chavan, for Petitioner.

CORAM: N.J.JAMADAR, J.

DATE :

21 JANUARY 2025 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order dated 7 February 2024 whereby the learned District Judge declined to continue the order of status quo which was granted on 14 February 2019 on the premise that the said order came be discontinued on 16 November 2024. 3.

It appears that on 16 November 2024, the Petitioner/appellant had preferred an application to continue the status quo. The learned District Judge called upon the Respondents to file a reply. On that day, an application for adjournment was filed on behalf of the Petitioner. The said application was allowed. However, the status quo order has not been continued.

4.

Learned Counsel for the Petitioner, on instructions, submits that despite the discontinuation of the status quo order, status quo with regard to the suit SSP 1/2

903 wp 1069 of 2025.doc property as it obtained on 14 February 2019 continues as of today. Since the status quo was granted as back as in the year 2019 and the application for temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 in Regular Civil Suit No.59 of 2019 has yet not been decided, it is necessary to continue the status quo order. 5.

Issue notice to the Respondents, returnable on 18 February 2025. 6.

In addition to notice through Court, the Petitioner is at liberty to serve the Respondents by private service and file an affidavit of service. 7.

In the meanwhile, the parties shall maintain status quo. ( N.J.JAMADAR, J. ) by SWAROOP SHARAD PHADKE Date:

2025.01.23 10:15:51 +0530 SWAROOP SHARAD PHADKE SSP 2/2