Bombay High Court

DILIP KACHRU WADEKARversusBABAN ARJUN WADEKAR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court disposed of the civil application, directing the applicant to seek a temporary arrangement from the Tahsildar rather than granting additional interim relief.

Summary

The applicant, Dilip Kachru Wadekar, filed a civil application seeking an interim order to prevent the respondents from obstructing a cart road that traverses land belonging to the respondents. He argued that a standing crop in his field was ready for harvest and any obstruction would cause serious prejudice. The respondents contended that an interim order had already been passed on 30 July 2025. After hearing both sides, the Court directed the applicant to approach the Tahsildar to assess the standing crop and, if possible, arrange a temporary measure to facilitate harvesting, without being hindered by any interim relief previously granted. Consequently, the civil application was disposed of without further interim relief being ordered.

Issues considered

What relief, if any, should be granted to prevent obstruction of the cart road affecting the applicant's standing crop?
Whether the existing interim order dated 30 July 2025 suffices to address the applicant's concerns.

Subjects

interim relief
cart road
standing crop
harvest
Tahsildar
civil application
obstruction

Judgment

2026:BHC-AUG:21996

946-ca-5501-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

946 CIVIL APPLICATION NO.5501 OF 2026
IN WP/9243/2025

Dilip Kachru Wadekar
VERSUS
Baban Arjun Wadekar And Others
…
WITH
WRIT PETITION NO. 9243 OF 2025
...
Mr. A. K. Gawali, Advocate for Applicant.
Mr. P. K. Lakhotiya, AGP for Respondent/State.
Mr. S. S. Khoche, Advocate h/f Mr. S. D. Nimbalkar, Advocate for respondents.
...

CORAM : S. G. CHAPALGAONKAR, J.
(VACATION COURT)
DATE : 26th MAY 2026

ORDER :

. By this application, applicant seeks interim order restraining

respondent Nos.1 to 3 from causing obstruction to use cart road passing

through land bearing Gut No.25 part belonging to present respondent

Nos.1 to 3.

2. Mr. A. K. Gawali, learned Advocate appearing for applicant submits

that there is a standing crop in his field and the same is at the verge of

harvesting. Non harvesting of crop would cause serious prejudice to the

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946-ca-5501-2026.odt

applicant.

3. Mr. S. S. Khoche, learned Advocate appearing for the respondents

submits that this Court has passed the interim order on 30.07.2025.

4. After hearing both the parties and looking into the controversy

involved in the matter, the applicant shall be at liberty to approach

Tahsildar/respondent No.6. Learned Tahsildar may examine the position

of the standing crop in the field and in case the temporary arrangement

can be made, to facilitate harvesting, the Tahsildar shall pass such order

without impeding by the interim relief granted by this Court.

5. Civil Application stands disposed of.

6. Learned AGP to communicate this order.

[ S. G. CHAPALGAONKAR ]
JUDGE

scm

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