Shri. Dattatray @ Dattoba Eknath ... vs Murlidhar Ramchandra Badade ...
2022 Latest Caselaw 1653 Bom

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                                                                                  15-CWP-12504-18.doc


         Digitally
         signed by               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
         DINESH
DINESH   SADANAND
SADANAND SHERLA
SHERLA   Date:
         2022.02.18
         16:47:21
         +0500
                                         WRIT PETITION NO. 12504 OF 2018

                      Dattatray @ Dattoba Eknath Tupe
                      (since deceased by his LRs.)                           ...Petitioners
                            V/s.
                      Murlidhar Ramchandra Badade
                      (since deceased through Lrs.) and ors.                 ...Respondents.

                      Mr. Namitkumar Pansare i/b Mr. Drupad S. Patil for the Petitioners.
                      None present for the Respondents.

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

                      P.C. :

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

                      dated 16.08.2017 passed by the learned Ad-hoc District Judge-1,

                      Pune in Miscellaneous Civil Appeal No. 454 of 2014, by which the

                      learned Ad-hoc District Judge dismissed the miscellaneous appeal

                      filed by the present petitioners and confirmed the order dated

                      09.12.2014 passed by the learned Civil Judge, Jr. Division, Pune

                      rejecting the application filed by the petitioners for temporary

                      injunction.



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




                      Dinesh S. Sherla                        1/2
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                                                              15-CWP-12504-18.doc


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

2014. There is no interim injunction in favour of the petitioners

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

petition for grant of temporary injunction after eight 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. 1644 of 2012, 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