Bharat Dhondiram Shinde And ANR. v. Nagnath Dattu Shinde And ORS.

508-WP-773-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.773 OF 2026 Bharat Dhondiram Shinde and another ...

Petitioners versus Nagnath Dattu Shinde and others ...

Respondents *** Mr. Rupesh Bobade, for Petitioners.

*** Digitally signed by SHAILAJA SHRIKANT HALKUDE Date:

2026.02.11 18:45:18 +0530 CORAM : M.M. SATHAYE, J.

SHAILAJA SHRIKANT HALKUDE DATE : 10th FEBRUARY, 2026 P.C:

1.

Heard learned Counsel for the Petitioners.

2.

Petitioners are original plaintiffs in a suit filed seeking declaration that the order dated 19.07.2022 passed in Rasta/Vahivat Case No.40 of 2021 under section 5 of the Mamlatdar Courts Act, 1906 is illegal and for perpetual injunction against Respondent No.1 - sole Defendant from creating a new road or vahivat.

3.

Learned Counsel for the Petitioners submitted as under. 3.1.

That today regular Bench is not available and therefore, the petition is required to be urgently moved before this Court. 3.2 He invited the Court's attention to an order dated 12.08.2022 by which parties were directed to maintain statusquo. 3.3.

That by order dated 25.04.2022 application below Exh. 5 in the said suit was rejected and the matter was carried in Shailaja 1

508-WP-773-2026.doc Miscellaneous Civil Appeal No.45 of 2023, which is dismissed under impugned order dated 01.01.2026.

3.4.

That now fresh order dated 08.01.2026 is issued (which is stated to have been received recently about 4 days back) by which the order dated 19.07.2022 (challenged in the said suit) is sought to be implemented.

4.

I have perused the orders. The fact that after the impugned order is passed, implementation of the original order dated 19.07.2022 is sought, itself means that the said order is not yet implemented. 5.

Considering that the parties were directed to maintain status-quo during pendency of Application Exh. 5 and that the order dated 19.07.2022 is not yet implemented, following order is passed : (A) By way of ad-interim relief, the parties are directed to maintain status-quo till the next date before Regular Bench. (B) This order is passed without prejudice to the rights and contentions of the Respondents.

6.

Stand over to 04.03.2026 for further consideration. [M.M. SATHAYE, J.] Shailaja 2