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Bombay High Court

SURESH RAMA PAWARversusDIGAMBAR VITHAL BHOSALE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court ordered that the parties maintain the status quo with respect to possession of the suit property until the next hearing.

Summary

The trial court had decreed a suit in favour of the plaintiff, Suresh Rama Pawar, granting an injunction that restrained the defendants from obstructing his possession of land (Gat/Survey No. 40/A) and from interfering with his half‑share in a well. The first appellate court reversed the trial court's findings, prompting the applicant to seek interim protection. The applicant contended that the defendants were perpetually restrained from obstructing possession and that a deed dated 19‑12‑1986 showed the deceased Maroti had sold the property and handed possession to the plaintiff. The appellate court framed the issue of whether that agreement to sell existed and was acted upon, answering it affirmatively. In view of the pending appeal and to preserve the status quo, the court ordered that the parties maintain the existing possession of the suit property until the next hearing on 18‑06‑2026.

Issues considered

  • Whether the deceased Maroti executed an agreement to sell dated 19‑12‑1986 concerning the suit property and the half‑share in the well and handed possession to the plaintiff
  • Whether interim relief in the form of a status‑quo order should be granted pending the appeal

Subjects

  • injunction
  • interim relief
  • status quo
  • property possession
  • agreement to sell
  • civil appeal

Judgment

                                                           918 CA NO. 5186 OF 2026



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CIVIL APPLICATION NO. 5186 OF 2026
                            IN SAST/802/2026

                            Suresh Rama Pawar
                                  VERSUS
                     Digambar Vithal Bhosale And Others
                                     …
       •   Mr. Kuldeep Subhashrao Patil, Advocate for Applicant
       •   Mr. Mr. I. K. Wagh a/w Mr. G. L. Tade, Advocate for
           Respondent Nos. 1 to 4
                                     …

                                   CORAM : MEHROZ K. PATHAN, J.

                                   DATED : 08.05.2026

PER COURT :

1.         Due to paucity of time, today the Second Appeal could not be

taken up for hearing on admission. However, learned counsel for the

applicant prays for grant of interim protection, as the Trial Court had

decreed the suit, whereas the First Appellate Court has reversed the

findings recorded by the Trial Court.

2.         Learned counsel for the applicant submits that the Trial Court

had granted injunction in favour of the plaintiff by decreeing the suit

and thereby restraining the defendants from causing obstruction to

the possession of the plaintiff over the land bearing Gat/Survey No.

40/A situated at Village Bendga, Tq. Nilanga, Dist. Latur. The

boundaries of the suit property are stated as follows :-

Jhs/                                                                        1/2
                                                           918 CA NO. 5186 OF 2026


East and North : Remaining land of Maruti Dhuman
West : Land of Namdev Tukaram Bhingole
South : Land of Narayan Sambhaji Sarate

3.     It is further submitted that the defendants were also

perpetually restrained from causing obstruction in utilization of half

share in the well situated at the eastern common bandh of the suit

property and the land of defendant No. 5.

4.     Learned counsel for the applicant further submits that the First

Appellate Court had framed an issue as to whether deceased Maroti

had executed an agreement to sell dated 19.12.1986 in respect of the

suit property and half share in the well and had handed over

possession thereof to the plaintiff, and the said issue was answered in

the affirmative.

5.     Taking into consideration the aforesaid submissions, parties are

directed to maintain status quo with regard to possession and nature

of the suit property as on today till the next date of hearing.

6.     Stand over to 18.06.2026.



                                          ( MEHROZ K. PATHAN, J. )




Jhs/                                                                        2/2


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