Mahanubhav Shri Datta Mandir Jirnodhar Vikas Mandal Through Its Trustee v. The State Of Maharashtra Through Secretary And Others

2026:BHC-AUG:7638

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 WRIT PETITION NO. 1887 OF 2026 MAHANUBHAV SHRI DATTA MANDIR JIRNODHAR VIKAS MANDAL THROUGH ITS TRUSTEE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. L. H. Kawale, Advocate for the Petitioner Mr. K. B. Jadhavar, AGP for Respondent/State CORAM : S. G. CHAPALGAONKAR, J.

DATED : 18th FEBRUARY, 2026 P. C. :- 1.

The present Writ Petition takes exception to order dated 21.01.2026 passed below Exhibit 15 in Regular Civil Suit No. 265/2025, pending before Civil Judge, Senior Division, Sillod, District Chhatrapati Sambhajinagar.

2.

The Petitioner instituted suit raising challenge to order passed by Mamlatdar under Section 5 of Mamlatdar's Courts Act in File No. 2025/ROR/CR-21/2025. The Petitioner has also filed an application below Exhibit 5 seeking temporary injunction against Respondents. While temporary injunction application was pending, Petitioner filed interim application seeking order of maintain status-quo with regard to suit property. The Trial 947 WP 1887.2026.odt

Court refused to entertain said application vide impugned order dated 21.01.2026. Hence, this Petition.

3.

Admittedly, Petitioner's application under Order XXXIX Rule 1 of Civil Procedure Code, filed in suit, is pending consideration. 4.

In that view of matter, it would not be proper for this Court to entertain present Writ Petition and deal with merits of contentions. In result, Writ Petition stands disposed of with directions to Trial Court to decide Petitioner's application filed below Exhibit 5 within a period of eight (08) weeks from today.

(S. G. CHAPALGAONKAR, J.) ssp 947 WP 1887.2026.odt