Subhash Bhaginath Khakal v. Francis Rodrigues

2026:BHC-AS:21587 17 wp 5268 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5268 OF 2026 Subhash Bhaginath Khakal ...

Petitioner versus Francis Rodrigues and Ors.

...

Respondents Dr. Rajendra G. Wagh, for Petitioner.

CORAM: N.J.JAMADAR, J.

DATE :

4 MAY 2026 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order dated 3 January 2026 passed by the learned Civil Judge, Sr. Division, Nashik, on an application preferred by the Petitioner for grant of temporary injunction under the provisions of Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908. 3.

The impugned order is appealable under the provisions of Order 43 of the Code, 1908 before the jurisdictional Appellate Court. 4.

The Writ Petition stands disposed with liberty to the Petitioner to file an appeal before the competent Appellate Court under Order 43 of the Code, 1908.

5.

The time spent by the Petitioner in prosecuting this Petition may be accounted for under Section 14 of the Limitation Act, 1963, in the event the question of limitation arises.

( N.J.JAMADAR, J. ) SSP 1/1 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 06/05/2026 19:21:34