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Bombay High Court

HARISHCHANDRA BEMTYA NAIK ALIAS KATKARI AND OTHERSversusMACHINDRA TUKARAI NAIK ALIAS KATKARI AND OTHERS

Decided
Disposal
Disposed Off

Holding

The High Court set aside the part of the interlocutory order that partly allowed the interim application and disposed of the appeal, holding that no further adjudication was required.

Summary

The appellants Harishchandra Bemtya Naik @ Katkari and others appealed an order dated 18 July 2026 of the Joint Civil Judge, Senior Division, Panvel, which had partly allowed an interim application (Exhibit‑8) for urgent relief and adjourned the filing of a reply to other applications. During the hearing, the respondents (original plaintiffs) indicated they would withdraw the Exhibit‑8 application, prompting the High Court to set aside the part of the order that had granted the interim relief. The Court clarified that it had not examined the merits of the pending temporary injunction application (Exhibit‑5) and directed the lower court to decide it expeditiously. It further stated that no findings on the substantive issues were made and that the appeal required no further adjudication. Consequently, the appeal was disposed of without costs and the interim application was deemed not to survive.

Issues considered

  • Whether an interlocutory order granting interim relief under Order 43 Rule 1R and Section 104 CPC is appealable and can be set aside.
  • Whether the appeal from the interlocutory order should be dismissed or disposed of without further hearing.

Legislation cited

Subjects

  • interlocutory order
  • appeal under Order 43 Rule 1R
  • Section 104 CPC
  • interim relief
  • temporary injunction
  • set aside
  • disposal of appeal

Judgment

                                                                             1 of 3                      901.AO.822.2026.DOC



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                    APPEAL FROM ORDER NO.822 OF 2026
                                                                  WITH
                                                   INTERIM APPLICATION NO.6229 OF 2026

                                Harishchandra Bemtya Naik @ Katkari
                                and others                                                        Appellants
                                                  versus
                                Machindra Tukaram Naik @ Katkari
                                and others                                                        Respondents
                                                                  _______
                                Mr.Prasad Dhakephalkar, Senior Advocate, i/by Mr.J.M.Joshi for Appellant.
                                Mr.Ashok Saraogi with Mr.Saurabh Butala, Mrs.Kalpana Chate, Mr.Parthraj Ware,
                                Mr.Bharat Shinde, Mr.Govind Mundhe, Mr.Vinod Kendre i/by Chate & Associates
                                for Respondents.
                                                                     _______

                                                           CORAM         :            AARTI SATHE, J.

                                                           DATE          :            18th August 2026

                                P.C.

                                1.           This Appeal from Order under Order 43 Rule 1R read with Section

                                104 of the Code of Civil Procedure, 1908 takes exception to the order dated 18 th

                                July 2026 passed by the learned Joint Civil Judge, Senior Division, Panvel, on

                                application filed below Exhibit-8, Exhibit-41 and Exhibit-44 by the Respondents

                                (original Plaintiffs) in Special Civil Suit No.292 of 2026, pursuant to which the

                                learned Joint Civil Judge, Senior Division, Panvel by the order under challenge

                                dated 18th July 2026, partly allowed the application filed below Exhibit-8 for grant

                                of urgent ad-interim relief as per the submissions made in the application filed
             Digitally signed

                                below Exhibit-41 and Exhibit-44, and an adjournment was granted to the original
          by MANISH
MANISH    SURESHRAO
SURESHRAO THATTE
THATTE    Date: 2026.08.18
             17:20:32 +0530


                                Defendants to file reply to the applications filed below Exhibit-5 for temporary


                                M.S.Thatte
                                            2 of 3                  901.AO.822.2026.DOC



injunction    and Exhibit-45 for amendment of the plaint and Exhibit-47 for

mandatory injunction.

2.           After hearing the learned counsel on behalf of the parties for some time,

the learned counsel for Respondents (original Plaintiffs) has submitted that they

will withdraw the application before the Joint Civil Judge, Senior Division, Panvel

filed below Exhibit-8. In view thereof, since the order dated 18 th July 2026 is an

interlocutory order which has been passed on the application below Exhibit-8, the

said order stands set aside to the extent it partly allowed the application below

Exhibit-8.

3.           Further, since the application filed below Exhibit-5 for temporary

injunction is also pending hearing before the Joint Civil Judge, Senior Division,

Panvel for the purpose of temporary injunction, the learned Joint Civil Judge,

Senior Division, Panvel shall decide the aforesaid application for temporary

injunction as expeditiously as possible and pass appropriate orders thereon in

accordance with law.

4.           It is clarified that this Court has not given any findings or delved into

the merits of the case and all contentions of the parties are expressly kept open in

respect of their submissions to be made before the Joint Civil Judge, Senior

Division, Panvel insofar as the application below Exhibit-5 for temporary

injunction is concerned.

5.           Considering the aforesaid, this Court is of the view that further

adjudication of this Appeal from Order is not required. The Appeal from Order is




M.S.Thatte
                                       3 of 3                  901.AO.822.2026.DOC



disposed of in the aforesaid terms. No costs. The Interim Application does not

survive and stands disposed of.




                                                (AARTI SATHE, J.)




M.S.Thatte


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