Bombay High Court
Suman S/O Hirasingh Rathod vs The State Of Maharashtra, Through ... on 5 April, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 5329/2019
Suman w/o Hirasingh Rathod,
aged about 48 years, Occ. Agriculturist,
r/o Shanti Niketan Nagar, Buldhana,
Tq. Dist. Buldhana. .....PETITIONER
...V E R S U S...
1. The State of Maharashtra through
Collector, Collector Office, Buldhana,
Tq. Dist. Buldhana.
2. Sub-Divisional Officer, Buldhana,
S.D.O. Buldhana, Tq. Dist. Buldhana.
3. The Tahsildar, Tahsil Office, Chikhli,
Tq. Chikhli, Dist. Buldhana.
4. Sanju s/o Mansingh Mandwe,
aged about 66 years, Occ. Agriculturist,
r/o Dongarkhandala, Tq. Dist. Buldhana.
5. Raysing s/o Mangu Rathod,
aged about 61 years, Occ. Agriculturist,
r/o Dongarkhandala, Tq. Dist. Buldhana.
6. Madhukar s/o Sakharam Lokhande,
aged about 56 years, Occ. Agriculturist,
r/o Dongarkhandala, Tq.Dist.Buldhana. ...RESPONDENTS
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Mr. N. B. Kalwaghe, Advocate for petitioner.
Mrs. M. A. Barabdhe, A.G.P. for respondent nos. 1 to 3.
Mr. A. A. Naik, Advocate for respondent no.4.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 05.04.2021.
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ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for parties. Heard Mr. Kalwaghe,
learned counsel for petitioner, Mrs. Barabdhe, learned A.G.P. for
respondent nos.1 to 3 and Mr. Naik, learned counsel for
respondent no.4. Nobody appears for respondent nos. 5 and 6
though served. They are formal parties qua the present petition.
2. Petitioner is original plaintiff. She filed a suit for
declaration that order passed in M.C.A.5/Dongarshevli/15/2016-
17, by original defendant no.3 i.e. Tahsildar and also sought
injunction. Along with suit, an application for temporary
injunction was also filed (Exh.-5). Suit is contested by respondent
no.4 so also an application for injunction. After detailed hearing,
learned 2nd Jt. Civil Judge Senior Division, Buldhana vide order
dated 06.08.2018 was pleased to allow application under Order
XXXIX Rules 1 and 2 filed of the Code of Civil Procedure on behalf
of the petitioner/plaintiff thereby granting injunction as under:
"2. Defendant No.1 to 4 are hereby restricted
from creating way from the property belonging to
plaintiff (more particularly described in para 2 of this
application) til the decision of the suit."
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3. Against the said, present respondent no.4 filed Misc.
Civil Appeal No.13/2018 and the learned Principal District Judge,
Buldhana on 10.07.2019 allowed the appeal. Against the said, the
present writ petition is filed.
4. This writ petition has come up for admission on
01.08.2019 and on the said day, while issuing notice to the
respondents, interim order was granted in favour of the present
petitioner, as per prayer clauses (d) and (e) of this writ petition.
5. During the hearing, it is pointed out to this Court that
the suit filed on behalf of the petitioner is still pending and the
exercise of pleadings is already over. Issues are also framed and
the suit is pending for recording of the evidence of the parties.
6. Since this writ petition arises out of injunction
application and when the suit is pending for recording evidence,
in my view, any observation made in this writ petition will
certainly cause prejudice to both the parties, especially when stay
is operating in favour of the plaintiff/petitioner from 01.08.2019.
Therefore, in my view, interest of justice can be secured by
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directing the trial Court to decide Regular Civil Suit No. 107/2018
within a period of six months from today. Consequently, I pass
the following order.
ORDER
(i) The writ petition is disposed of.
(ii) Learned 2nd Jt. Civil Judge Senior Division,
Buldhana, on whose file Regular Civil Suit No.107/2018 is
pending, shall decide the same within a period of six
months from today by giving opportunity of hearing to the
parties to the said uit.
(iii) Parties to said suit shall extend full cooperation
to the learned Judge for deciding the suit within time set
by this Court.
(iv) Till the suit is decided, interim order passed by
this Court on 01.08.2019 shall remain in operation.
Rule accordingly. No order as to costs.
JUDGE
kahale
