Bombay High Court

SACHIN LAXMAN JANAVE AND ANRversusNANA JYOTI KAMBLE AND ORS

Disposal: Disposed Off
Bench: SANDESH D PATIL

Holding

The appeal is disposed, the suit is remanded to the Civil Judge, Junior Division, Kagal for adjudication, and the interim injunction continues for two weeks.

Summary

The appellants filed an appeal against Order No. 17 of 2026, seeking direction for the pending suit to be heard by the Civil Judge, Junior Division, Kagal. The trial court had earlier returned the plaint under Order‑7, Rule‑10 of the Code of Civil Procedure, 1908, and re‑numbered it. Both parties agreed that the suit and related applications should be adjudicated by the appropriate trial court. The High Court noted that it had earlier granted ad‑interim relief on 2 April 2026 restraining the respondents from creating third‑party rights in the suit property, and ordered that this injunction continue for two more weeks to allow the parties to appear before the trial court. The Court disposed of the appeal and the accompanying interim application, directing the lower court to decide the suit and pending applications in accordance with law.

Issues considered

Whether the appeal from Order No. 17 of 2026 should be disposed and the suit remanded to the Civil Judge, Junior Division, Kagal.
Whether the ad‑interim injunction restraining respondents from creating third‑party rights in the suit property should be continued.

Subjects

civil procedure
appeal
interim injunction
Order‑7 Rule‑10 CPC
remand
suit property

Judgment

6-AO-17-2026 (C).doc

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

APPEAL FROM ORDER NO. 17 OF 2026
WITH
INTERIM APPLICATION NO. 407 OF 2026
IN
APPEAL FROM ORDER NO. 17 OF 2026

Sachin Laxman Janave and another ] Appellants/Applicants
Vs.
Digitally
Nana Jyoti Kamble and others ] Respondents
signed by
SHAILAJA …..
SHAILAJA SHRIKANT
SHRIKANT
HALKUDE
HALKUDE
Date:
Mr. D.V. Sutar a/w Ms. Shruti P. Ghodake i/b Ms. Reshma Adnaik
2026.06.24
13:00:49
+0530
Advocate for Appellants/Applicants.

Mr. Manoj A. Patil a/w Ms. Ankita D. Mali, for Respondent Nos.1, 4, 5 8,
13 to 15, 17, 25 to 27, 29, 31, 33 to 35, 40, 42, 50, 53, 58, 59, 61, 69,
70, 71, 74, 75, 78 and 79.

Mr. N.C. Warange (through V.C.) a/w Mr. Ibrahim Attar i/b LESEC
Advisors, for Respondents No.75.
.....
CORAM: SANDESH D. PATIL, J.
DATED: 22nd JUNE 2026.
P. C. :

1. Heard learned counsel appearing for the parties.

2. Mr. Patil, learned counsel appearing for respondent Nos. 1, 4, 5

8, 13 to 15, 17, 25 to 27, 29, 31, 33 to 35, 40, 42, 50, 53, 58, 59, 61,

69, 70, 71, 74, 75, 78 and 79 states that after filing of this Appeal from

Shailaja 1
6-AO-17-2026 (C).doc

Order, plaint was returned under Order-7, Rule-10 of the Code of Civil

Procedure, 1908 to be presented before the appropriate court.

Accordingly, the plaint was presented before the Court of Civil Judge,

Junior Division, Kagal, District Kolhapur.

3. The plaint is presently pending before the said Court and has been

re-numbered. Applications below Exhibits 5 and 37 are also pending

before the said Court. Both parties have agreed that the proceedings be

adjudicated by the said Court. In the circumstances, it would be

appropriate to direct the learned Civil Judge, Junior Division, Kagal, to

decide the suit along with the aforesaid pending applications in

accordance with law.

4. Since this Court had granted ad-interim relief by order dated 2nd

April, 2026, restraining the respondents from creating any third-party

rights or interests in respect of the suit property, the said interim

protection shall continue to remain in force for a further period of two

weeks from today, so as to enable the parties to appear before the Trial

Court and seek appropriate reliefs in accordance with law.

Shailaja 2
6-AO-17-2026 (C).doc

5. Mr. Patil, learned counsel appearing for the respondents have no

objection to this limited relief. Hence, the following order:

: O R D E R:

(i) Appeal from Order is disposed of in the aforesaid terms.

(ii) In view of disposal of Appeal from Order, Interim Application also

stands disposed of.

(ii) Ad-interim relief granted by this court on 2nd April, 2026

restraining the respondents from creating third party rights or interests

in the suit property would continue for a period of two weeks from

today.

[SANDESH D. PATIL, J.]

Shailaja 3

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