Dagadu Chindu Dhangar v. Kesharsing Devram Patil And Others

2026:BHC-AUG:6857 This Order is Speaking to Minutes order of order dated // wp 15140.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.15140 OF 2025 Dagadu Chindu Dhangar

VERSUS

Kesharsing Devram Patil And Others.

...

Advocate for Petitioner : Mr. G. V. Wani Advocate for Respondent-1 : Mr. J.V. Patil

CORAM

: S. G. CHAPALGAONKAR, J.

Dated : February 18, 2026 ORDER :- 1.

This matter is moved for speaking to the minutes of order dated 16.2.2026.

2.

Learned advocate appearing for respondent no.1 submits that, in paragraph no.12 of order, consequences of execution of decree resulting in modification/cancellation of order of injunction, is not appearing. Hence, requested to modify the same. 3.

Considering submissions advanced, paragraph no.12 of the order dated 16.2.2026 is modified as under :- "12.

In result writ petition is allowed in terms of prayer clause "B". The order dated 11.7.2023 passed by the Trial Court below Exhibit-6 in Special Civil Suit No.95 of 2023 stands restored. Needless to state here that aforesaid order shall be subservient to the decree passed in partition suit i.e. R.C.S. No.149 of 2008 and shall not be an impediment for its execution. The respondent no.1 shall be at liberty to seek equitable partition in terms of the law laid down in case of Khemchand Choudhary and another (supra). Once final decree is passed in R.C.S. No.149 of 2008 and parties are put to the possession of respective shares, further rights of the parties shall be subject to outcome of the decree passed in Special Civil Suit No.95 of 2023."

This Order is Speaking to Minutes order of order dated // wp 15140.25.odt 4.

Necessary corrections be carried out and corrected order be uploaded accordingly.

5.

Motion for speaking to the minutes stands disposed of. ( S. G. CHAPALGAONKAR, J. ) ...

aaa/-