Chief Officer, Municipal Council, Bhandara v. Btb Sabji Bhaji Vyapari Association, Thr. Secretary, Poornima B. Barapatre And ORS.

1 / 2 8.wp1585.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1585 OF 2026 Chief Officer, Municipal Council, Bhandara Vs.

BTB Sabji Bhaji Vyapari Association, Bhandara and ors. ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. Akash Joshi, Advocate for petitioner.

Mr. M.P. Khanjanchi, Advocate for respondent No.1. Ms. Prachi Joshi, AGP for respondent Nos.2 & 3/State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 25.02.2026 Heard learned counsel for the petitioner, learned AGP for the respondent Nos.2 & 3/State as well as learned counsel for respondent No.1, who had appeared suo moto.

2.

By this petition, the petitioner - Municipal Council, has challenged the judgment and order dated 30.07.2025 passed by the learned Principal District Judge, Bhandara, in Misc. Civil Appeal No.36/2024, by which, the appellate Court has reversed the order passed by the trial Court on the temporary injunction application and granted temporary injunction to restrain the petitioner/defendant No.3 and its officers, servants etc., Prity

2 / 2 8.wp1585.2026 from disturbing the possession of the plaintiff i.e. respondent No.1 herein.

3.

In view of the controversy involved and the contentions being based on issues which could be decided during adjudication of the suit, it is desirable that the civil suit filed by the respondent No.1 bearing Regular Civil Suit No.137/2024 is directed to be decided in a timebound manner. 4.

Considering the controversy involved, the writ petition is disposed of with direction to the trial Court to decide the Regular Civil Suit No.137/2024 expeditiously and preferably within a period of nine months from today. 5.

It is made clear that all the issues on merits are kept open and trial Court is directed to decide the civil suit on the basis of evidence, without being influenced by the findings recorded by the appellate Court in the impugned order.

6.

In view of this, writ petition is disposed of. (Prafulla S. Khubalkar, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 25/02/2026 19:16:18 Prity