Arun Yadav Hivarkar Thru Poa v. Vijay Prabhakar Abdagiri And ORS
2026:BHC-AS:20622 25 wp 3727 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3727 OF 2026 Arun Yadav Hivarkar ...
Petitioner versus Vijay Prabhakar Paranjpe and and Ors.
...
Respondents Mr. Vilas B. Tapkir, for Petitioner.
Mr. Drupad Patil with Mr. Tanmay Y. More, for Respondent Nos.9 and 10. CORAM: N.J.JAMADAR, J.
DATE :
28 APRIL 2026 P.C.
1.
Heard the learned Counsel for the parties.
2.
The challenge in this Petition is to a judgment and order dated 25 February 2026, passed by the learned District Judge in Misc. Civil Appeal No.49 of 2026, whereby the appeal preferred by Respondent Nos.9 and 10 against an order granting status quo (Exh.5) in Special Civil Suit No.2322 of 2025, came to be allowed and the said order passed by the trial Court was set aside. Consequently, the application for the grant of status quo also came to be rejected.
3.
The application for temporary injunction (Exh.5) awaits adjudication before the trial Court. In the impugned order, the learned District Judge has ventured into the merits of the matter, rather elaborately, which was not warranted while determining an appeal against an order granting status quo. SSP 1/2
25 wp 3727 of 2026.doc 4.
Since the application for temporary injunction (Exh.5) awaits adjudication before the trial Court, both the order passed by the learned District Judge as well as the order passed by the trial Court Court dated 24 December 2025, on the application for the grant of status quo, stand quashed and set aside.
5.
Learned Civil Judge is requested to decide the application for temporary injunction, on its own merits and in accordance with law, without being influenced by the observations in the order dated 24 December 2025 and the order passed by the learned District Judge on 25 February 2026, as expeditiously as possible and, preferably, within a period of three months from the date of communication of this order.
6.
The Writ Petition stands disposed.
( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 30/04/2026 15:07:52