Bombay High Court
Jaysingh Dattu Deshmukh vs Subhash Nanasaheb Deshmukh And Ors on 21 May, 2026
15-WP-2093-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2093 OF 2026
Jaysingh Dattu Deshmukh
VERSUS
Subhash Nanasaheb Deshmukh And Ors.
...
Mr. Anant Wadgaonkar a/w Mr. Rupesh Bobade, Advocate for
Petitioner.
Mr. R.P. Kadam, AGP for the Respondent-State.
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 21st MAY, 2026
[VACATION COURT]
P. C. :
1. Heard.
2. The learned counsel for the Petitioner submits that a well- reasoned order granting interim relief was initially passed on 23.03.2026 in an appeal presented by the Petitioner under Section 23(2) of the Mamlatdars' Courts Act, 1906. The matter was thereafter listed on 21.04.2026 and, on the said date hearing of matter was deferred to 12th May, 2026. However, under the pretext of administrative reasons, the hearing of matter has been preponed and the earlier order granting interim relief came to be vacated by assigning equally unsustainable reasons. The said order is the Sajakali Jamadar 1 of 2 ::: Uploaded on - 21/05/2026 ::: Downloaded on - 21/05/2026 21:20:31 ::: 15-WP-2093-2026 (C).doc subject matter of challenge in the present Petition.
3. Considering the fact that the authority has not assigned any justifiable reasons for preponing the matter from the date already fixed, and further considering that the reasons recorded in the impugned order are, prima facie, unavailable to the authority, particularly when it was acting in a quasi-judicial capacity and could not have resorted to administrative reasons for preponing the date and vacating the interim relief already granted in the pending proceedings.
4. In that view of the matter, till next date, there shall be ad- interim relief in terms of prayer clause (f).
5. Issue notice to the Respondents, returnable on 29 th June, 2026.
6. The learned AGP waives service of notice for Respondent Nos.3 to 6 - State.
7. Respondent No.4 shall file a personal affidavit explaining the reasons for preponing the matter and vacating the earlier order granting interim relief.
8. Stand over to 29th June, 2026.
[SACHIN S. DESHMUKH, J.]
Sajakali Jamadar 2 of 2
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