Govind Tukaram Bhoir Decd Thr Lhrs v. Mukya Undrya Bhoir Decd Thr Lhrs And ORS

2026:BHC-AS:21563 44 wp 6089 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6089 OF 2026 Govind Tukaram Bhoir (deceased) through legal heirs and ors.

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Petitioners versus Mukya Undrya Bhoir (deceased) through legal Heirs and Ors.

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Respondents Mr. Prakash Mahadik, for Petitioners.

CORAM: N.J.JAMADAR, J.

DATE :

5 MAY 2026 P.C.

1.

Heard the learned Counsel for the Petitioners. 2.

The challenge in this Petition is to an order passed by the learned Civil Judge, whereby the learned Civil Judge has declined to pass an order of status quo. Civil Misc. Application No.56 of 2014 is filed by the Petitioners for restoration of the suit.

3.

Learned Counsel for the Petitioners submitted that, the third parties have started construction in the subject property. Since the possession of the suit property has been delivered to the opponents - Respondents, pursuant to the order passed by the Civil Court, prior to 15 years, the learned Civil Judge declined to pass an order of status quo.

4.

Having regard to the nature of the proceedings, the view taken by the learned Civil Judge appears to be impeccable. The concern of the Petitioners SSP 1/2

44 wp 6089 of 2026.doc can be taken care of by requesting the learned Civil Judge to decide Civil Misc. Application No.56 of 2014 as expeditiously as possible. 5.

The Writ Petition, thus, stands disposed with a request to the learned Civil Judge, Bhiwandi, Thane, to decide Civil Misc. Application No.56 of 2014 as expeditiously as possible, and, preferably, within a period of six months from the date of communication of this order. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 06/05/2026 19:00:17