Jaysingh Dattu Deshmukh vs Subhash Nanasaheb Deshmukh And Ors
2026 Latest Caselaw 5391 Bom

Bombay High Court

Jaysingh Dattu Deshmukh vs Subhash Nanasaheb Deshmukh And Ors on 21 May, 2026

                                                             15-WP-2093-2026 (C).doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                  CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2093 OF 2026

                          Jaysingh Dattu Deshmukh
                                  VERSUS
                    Subhash Nanasaheb Deshmukh And Ors.

                                ...
Mr. Anant Wadgaonkar a/w Mr. Rupesh Bobade, Advocate for
Petitioner.
Mr. R.P. Kadam, AGP for the Respondent-State.
                                ...
                            CORAM : SACHIN S. DESHMUKH, J.

                                  DATE       :    21st MAY, 2026
                                                 [VACATION COURT]
P. C. :

1.        Heard.

2. The learned counsel for the Petitioner submits that a well-

reasoned order granting interim relief was initially passed on

23.03.2026 in an appeal presented by the Petitioner under Section

23(2) of the Mamlatdars' Courts Act, 1906. The matter was

thereafter listed on 21.04.2026 and, on the said date hearing of

matter was deferred to 12th May, 2026. However, under the pretext

of administrative reasons, the hearing of matter has been preponed

and the earlier order granting interim relief came to be vacated by

assigning equally unsustainable reasons. The said order is the

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15-WP-2093-2026 (C).doc

subject matter of challenge in the present Petition.

3. Considering the fact that the authority has not assigned any

justifiable reasons for preponing the matter from the date already

fixed, and further considering that the reasons recorded in the

impugned order are, prima facie, unavailable to the authority,

particularly when it was acting in a quasi-judicial capacity and could

not have resorted to administrative reasons for preponing the date

and vacating the interim relief already granted in the pending

proceedings.

4. In that view of the matter, till next date, there shall be ad-

interim relief in terms of prayer clause (f).

5. Issue notice to the Respondents, returnable on 29 th June,

2026.

6. The learned AGP waives service of notice for Respondent

Nos.3 to 6 - State.

7. Respondent No.4 shall file a personal affidavit explaining the

reasons for preponing the matter and vacating the earlier order

granting interim relief.

8. Stand over to 29th June, 2026.

                                          [SACHIN S. DESHMUKH, J.]


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