Shri Uttam Vishwanath Phad And Ors vs Upayukta, Nashik Municipal ...
2017 Latest Caselaw 2658 Bom

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                                                               221-wp.4872-99.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                  Writ Petition No. 4872 OF 1999

Shri Uttam Vishwanath Phad 
And Ors                                                       ...Petitioners
         Versus
Upayukta, Nashik Municipal Corporation                        ...Respondent

                                         ....
None for the Petitioners.
Mr. Akshay Kapadia i/b. J. Shekhar & Co. for the Respondent.
                              ....

                                CORAM :   R. G. KETKAR, J.
                                DATE     :  29th MAY, 2017   
JUDGMENT:

1. None for the petitioners. Mr.Akshay Kapadia, learned

counsel for the respondent.

2. By this Petition under Article 227 of the Constitution of

India, the petitioners, hereinafter referred to as the 'plaintiffs', have

challenged the judgment and order dated 2.12.1997 passed by the

learned Civil Judge, Senior Division, Nashik below Exhibit-5 in

R.C.S. No.415/1997 as also the judgment and order dated

22.3.1999 passed by the learned 2nd Additional District Judge,

Nashik in Civil Misc. Application No.296/1997. By these orders, the

Courts below rejected the application filed by the plaintiffs under

order XXXIX Rules 1 and 2 of C.P.C. for temporary injunction

221-wp.4872-99.doc

restraining the defendant Corporation from demolishing the suit

structure of the plaintiffs.

3. On 2.9.1999 upon hearing the learned Counsel for the

petitioners, this Court issued Rule and directed the parties to

maintain status quo in respect of the suit structure. As this Court

has directed the parties to maintain status quo in respect of the

suit structure and said interim order is operating since 1999, in my

opinion, ends of justice would be served by directing the learned

trial Judge to dispose of the suit being R.C.S. No.415/1997 within

six months from receipt of the authenticated copy of this order, if

the suit is not already disposed of. In the meantime, interim order

directing the parties to maintain status quo in respect of the suit

structure shall remain in force. Petition is accordingly disposed of.

Rule is made absolute in the above terms with no order as to costs.

It is made clear that I have not examined the merits of the case and

having regard to the fact that interim order is operating since 1999,

I have continued the interim order. All contentions of the parties on

merits are expressly kept open. Order accordingly.

(R. G. KETKAR, J.)

Deshmane (PS)