Bombay High Court
MARUTI VISHNU GAIKWAD AND ORSversusNAVNATH DNYANOBA GAIKWAD AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition was disposed of, leaving the lower court's orders undisturbed.
Summary
The petitioners filed a writ petition challenging the District Judge's order dismissing their miscellaneous civil appeal and confirming the lower court's order in a regular civil suit. They argued that they have been unable to obtain a temporary injunction since July 2019 and that the suit, pending since 2018, should be given priority for expeditious disposal. The court noted that the merits of the case remain open and that the appropriate remedy is to ensure the trial court proceeds with the suit promptly. No substantive interference with the lower court's order was made. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- What is the appropriate remedy for petitioners seeking a temporary injunction in a suit pending since 2018?
- Whether the District Judge's order dismissing the miscellaneous civil appeal and confirming the lower court's order should be set aside.
Subjects
- temporary injunction
- civil appeal
- expeditious disposal
- writ petition
- jurisdiction
Judgment
Sonali Mane 21-WP-10004-2019.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10004 OF 2019
Maruti Vishnu Gaikwad And Ors. … Petitioners
Versus
Navnath Dnyanoba Gaikwad And Ors. … Respondents
Mr. Digvijay S. Kachare i/b Mr. Kuldeep S. Patil for Petitioners.
Mr. Vilas B. Tapkir a/w Ms. Mrunmayi Khambete for Respondents.
CORAM : SANDEEP V. MARNE, J.
DATE : 1 OCTOBER 2026.
P.C. :
1) The Petition challenges Order dated 27 August 2019 passed by
the District Judge-12 dismissing Miscellaneous Civil Appeal No. 252 of
2019 and confirming the Order passed by Joint Civil Judge, Junior
Division, Ghodnadi, Shirur on application at Exhibit 5 in Regular Civil
Suit No. 211 of 2018.
2) It is seen that the Petitioners are consistently unsuccessful in
securing a temporary injunction in their suit since 17 July 2019. The
suit itself is pending since the year 2018. Therefore, instead of
considering Petitioners' entitlement to temporary injunction at this
MANE
SONALI stage, it would be appropriate that the suit itself is prosecuted by the
DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.10.06
Petitioners in an expeditious manner. Since the suit is pending since
11:02:29 +0530
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1 October, 2026
Sonali Mane 21-WP-10004-2019.docx
the year 2018, the Trial Court shall accord due priority for expeditious
disposal.
3) All the points on merits are expressly kept open.
4) The Writ Petition is disposed of.
___
[SANDEEP V. MARNE, J.]
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1 October, 2026
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