Bombay High Court
Sheikh Kausar Sheikh Sardar vs Krushnarao Wasudeorao Deshmukh, ... on 27 April, 2022
Bench: Manish Pitale
904A. 6025.2018.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6025 OF 2018
Sheikh Kausar Sheikh Sardar
-Vs.-
Krushnarao Wasudeorao Deshmukh
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. A. P. Thakare, counsel for the petitioner
Ms I. P. Khisti, Advocate for respondent
CORAM : MANISH PITALE, J.
DATE : 27.04.2022
By this writ petition, the petitioner i.e. the original
defendant has challenged judgment and order dated
05.07.2018 passed by the District Court, Yavatmal, whereby
an appeal filed by the respondent i.e. the original plaintiff,
has been allowed and the petitioner has been restrained from
making any type of construction over the suit property till
final decision of the suit.
2] When the petitioner approached this Court, a
statement was made that construction was already over
during the pendency of the application for temporary
injunction and the appeal arising there from. On this basis,
while issuing notice for final disposal in the present writ
petition, this Court directed the parties to maintain status-
quo. It appears that the order of status quo was till the next
date of listing and although it does not appear to have been
continued, the learned counsel for the petitioner makes a
904A. 6025.2018.odt
statement that status quo as on 28.09.2018, when this Court
passed the aforesaid order, is maintained even today.
3] The respondent has filed a suit for permanent
injunction against the petitioner on the ground that the
petitioner has encroached upon property belonging to
respondent and he is intending to undertake construction
work. In the said suit, an application for temporary
injunction was filed, which in the first instance was rejected
by the trial Court, but the appeal stood allowed by the
impugned judgment and order passed by the District Court.
4] Heard the learned counsel for the rival parties. It
appears that although at the stage when the application for
temporary injunction was rejected by the trial Court, it was
recorded that the construction was at plinth level but, the
construction appears to have been undertaken further and by
the time the appeal filed by the respondent was allowed on
05.07.2018, the construction had progressed substantially
and this is evident from the photograph placed on record on
behalf of the petitioner.
5] As per the order of status quo granted by this Court
on 28.09.2018, the stage of construction appears to have
remained the same and the parties appear to have
maintained the status quo.
6] In these circumstances, this Court is of the opinion
that it would be in the interest of justice that an appropriate
904A. 6025.2018.odt
direction is given to the trial Court to expedite the
proceeding in the civil suit filed by the respondent and order
of status quo granted on 28.09.2018, be continued till
disposal of the suit.
7] Accordingly the writ petition is disposed of by
directing that the order dated 28.09.2018 passed by this
Court, whereby the parties were directed to maintain status
quo, shall continue to operate till disposal of Regular Civil
Suit No. 64 of 2017. The trial Court shall make an endevour
to dispose of the suit expeditiously and in any case within a
period of six months from today.
The Writ petition stands disposed of.
JUDGE
Namrata
Signed By:NAMRATA YOGESH
DHARKAR
P. A.
High Court Nagpur
Signing Date:27.04.2022 18:31
