Ganesh Rajendra Jadhav And ORS v. Kashinath Dnyanoba Bondre Thr. Poa. Sukhadev Genba Patil And ORS
11-wp-4687-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4687 OF 2025 Ganesh Rajendra Jadhav and Ors.
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Petitioners V/s.
Kashinath Dnyanoba Bondre through POA Sukhadev Genba Patil and Ors.
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Respondents ------------------- Mr. Vaibhav Gaikwad, for the Petitioners.
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CORAM
:
N.J. JAMADAR, J.
DATE :
9TH APRIL 2025.
PC:
1.
Heard the learned counsel for the parties.
2.
The challenge in this petition is to the orders dated 10th May 2024, whereby the Trial Court directed the police aid be given to the plaintiff to execute the order of status quo granted by the Trial Court on 14th February 2023 and another order dated 18th May 2024, whereby the trial Court directed that the revenue officer shall assist the police in the identification of the property for the purpose of execution of the earlier orders, including that of police aid. 3.
The trial Court was of the view that the defendant was disobeying the order of status quo dated 14th February 2023. 4.
The record further indicates that, by a further order dated 10th March 2025, the trial Court has stayed the order granting police aid. varsha
11-wp-4687-2025.doc 5.
The position with thus obtains is that, the application for temporary injunction preferred by the respondent no. 1 (Exhibit-5) is still subjudice before the Court. The said application was preferred in the year 2019. Initially, the Court had directed issue of notice. By a subsequent order dated 14th February 2023, the Trial Court directed the defendant to maintain status quo.
6.
Since the application for temporary injunction is pending, it would be expedient in the interest of justice that the said application for temporary injunction itself is decided expeditiously. 7.
Thus, having regard to the fact that the application for temporary injunction has been filed in the year 2019 and a number of orders have been passed in the intervening period, the learned Civil Judge is requested to make an endeavour to hear and decide the application for temporary injunction as expeditiously as possible and preferably within a period of four months from the date of communication of this order. 8.
In the meanwhile, the order passed by the trial Court on 10th March 2025 staying the earlier direction to give police aid to the plaintiff, shall continue to operate till the final decision of the application for temporary injunction (Exhibit-5). 9.
The petition stands disposed.
(N.J. JAMADAR, J) varsha