Smt. Pratibha Digambar Tikar vs Ajabrao Ramrao Unhale And Others
2016 Latest Caselaw 939 Bom

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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                            
                                               NAGPUR BENCH, NAGPUR
                                       WRIT PETITION No.1805 OF 2012




                                                                             
            Smt. Pratibha Digambar Tikar,
            Aged 45 years,




                                                                            
            Occupation : Agriculturist,
            R/o. Khatkhed, Tq. Shegaon,
            District : Buldana.                                                        :      PETITIONER

                              ...VERSUS...




                                                          
            1.    Ajabrao Ramrao Unhale,
                                 
                   Aged about 55 years.

            2.    Jaywantrao Laxman Unhale,
                                
                   Aged about 50 years.

            3.    Jankiram Shaligram Unhale,
                   Aged about 80 years.
      


                   All Agriculturists, R/o. Khatkhed,
   



                   Tq. Shegaon, District Buldana.                                       :      RESPONDENTS


            =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-





            Mr. A.P. Tathod, Advocate for the Petitioner.
            Mr. N.R. Saboo, Advocate for the Respondents.
            =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                          CORAM  :   S.B. SHUKRE, J.





                                                                           th
                                                          DATE      :   28
                                                                              MARCH, 2016.

            ORAL JUDGMENT   :


            1.                 Heard.




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            2.                This petition is already admitted.  By the order passed on




                                                                                                            
            14th  September,   2012   this   Court   has   granted   stay   to   the   order




                                                                             
            impugned in this petition.   By the impugned order passed by the

            First Appellate Court temporary injunction was granted in favour of




                                                                            
            respondents-plaintiffs.  At the time of admission of this petition this

            Court considered the material aspects of the case and found that

            First   Appellate   Court   committed   jurisdictional   error   by




                                                          
            re-appreciating some of the documents filed on record of this case
                                 
            and, therefore, vacated the order of temporary injunction operating
                                
            in favour of the respondents.

            3.                Now   learned   counsel   for   the   respondents-plaintiffs
      


            submits that the order passed on 14th September, 2012, may remain
   



            as it is till final disposal of the suit, provided the hearing of the suit

            is expedited.  Learned counsel for the petitioner has no objection to





            this proposal.  Accordingly, following order is passed :

                                                             O R D E R

(i) The order passed by this Court on 14th

September, 2012 is confirmed till final

disposal of the suit.

(ii) Hearing of the suit is expedited and same

shall be disposed of in accordance with law

J-wp1805.12.odt 3/3

within six months from the date of

appearance of the parties before it.

(iii) The parties to appear before the trial Court on

11th April, 2016 at 11.00 a.m.

(iv) All contentions are kept open.

(v) Writ petition is allowed in these terms.

(vi) Rule is made absolute accordingly.

(vi) ig R. & P. be sent back to the trial Court

forthwith.

JUDGE

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