Mr. Subhash Ramchandra Shah And ... vs Mr. Amol Chandrakant Rokade And ...
2022 Latest Caselaw 1652 Bom

                                                                1/2
                                                                                        16-CWP-12604-18.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by
                                         CIVIL APPELLATE JURISDICTION
DINESH
         DINESH
         SADANAND                      WRIT PETITION NO. 12604 OF 2018
SADANAND SHERLA
SHERLA   Date:
         2022.02.18
         16:47:39
         +0500
                      Subhash R. Shah and ors.                                ...Petitioners
                           V/s.
                      Amol C. Rokade and ors.                                 ...Respondents.

                      Mr. Sandesh D. Patil a/w. Mr. P.A. Gokhale for the Petitioners.
                      Mr. A.B. Kadam for Respondent No.5.

                                               CORAM            :         N.R. BORKAR, J.
                                               DATE             :         17.02.2022.
                      P.C. :

                      1.       This petition takes an exception to the judgment and order

                      dated 09.05.2018 passed by the learned District Judge-4, Starara

                      in Miscellaneous Civil Appeal No. 168 of 2017, by which the

                      learned District Judge dismissed the miscellaneous appeal fled by

                      the present petitioners and confrmed the order dated 14.11.2017

                      passed by the learned IInd Joint Civil Judge, Jr. Division at Phaltan,

                      Satara rejecting the application fled by the petitioners for

                      temporary          injunction        to         the      extent    that         the

                      respondents/defendants          be    restrained        from   disturbing     their

                      peaceful possession over the suit property.


                      2.       I have heard the learned counsel for the petitioners.




                      Dinesh S. Sherla                              1/2
                                         2/2
                                                              16-CWP-12604-18.doc


3.       The application for temporary injunction was fled in the year

2017. There is no interim injunction as sought by the petitioners

since then. I am, therefore, not inclined to entertain the present

petition for grant of temporary injunction after fve years. In the

result the following order is passed.

                                    ORDER

         a]        Writ Petition is dismissed.


         b]        The trial court shall endeavor to decide Regular Civil

Suit No. 58 of 2016, as expeditiously as possible and in any

case within a period of one year from the date of receipt of

copy of this order.

c] Needless to mention that the trial court shall decide the

suit in question, on its own merits and without being

influenced by the order passed by it or by the appellate

court.

                                                    [N.R.BORKAR, J.]




Dinesh S. Sherla                           2/2