Prabhuling Gaourishankar ... vs Baburao Sidhappa Mokashi And Ors
2022 Latest Caselaw 910 Bom

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH V PATIL
V PATIL   Date:
          2022.01.25
          16:55:36
                                                          1 of 2                        16 WP.6721.2019.doc
          +0530




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 6721 OF 2019

                       Prabhuling Gaourishankar Mokashi & Ors.                 ....Petitioners

                                     Versus

                       Baburao Sidhappa Mokashi & Ors.                         ....Respondents
                                                              ......
                       Mr. Makarand Kale i/b Mr. Sachin K. Hande for the Petitioner.
                       Mr. Anant Vadgaonkar for Respondent Nos. 1 to 6.
                                                       ......

                                                      CORAM :        N. R. BORKAR, J.

                                                      DATE     :     25th JANUARY, 2022.

                       P.C. :


                       .             This petition takes an exception to the judgment and order

                       dated 06th March, 2019 passed by the learned District Judge - 8,

                       Solapur, in Civil Misc. Appeal No. 18 of 2019.


                       2.            The Petitioners herein fled the suit for injunction. The

                       application at Exhibit- 5 for temporary injunction was fled. The said

                       application was allowed by the trial Court.           The appeal was fled

                       against the said order of the trial Court. By the order impugned, the

                       Appellate Court allowed the appeal. Consequently the order of trial

                       Court allowing the application for temporary injunction came to be set

                       aside.




                       R. V. Patil
                                      2 of 2                       16 WP.6721.2019.doc




3.            There is no interim order in the present petition for more than

two and half years. The learned Counsel for Respondent No. 1

submits that the Suit is at the stage of evidence, I therefore do not see

any point in hearing the present petition on merit. Instead the trial

Court can be directed to decide the suit expeditiously. Hence, the

following order is passed:

                                       ORDER

i) The trial Court shall endeavor to decide R.C.S. No. 579 of 2018

as early as possible and in any case within one year from the date of

receipt of copy of this order.

ii) Needless to mention that the trial Court shall decide the suit on

its own merits without being infuenced by the order passed by the

Appellate Court.

(N. R. BORKAR, J.)

R. V. Patil