Bombay High Court

LAXMAN TUKARAM SAWATEversusSUDAM TUKARAM SAWATE AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court disposed of the writ petition without overturning the temporary injunction, directing the civil court to conclude the suit within six months.

Summary

Laxman Tukaram Sawate filed a writ petition challenging a temporary injunction imposed on him by the trial court under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, and also contesting the trial court's rejection of his own injunction application. He appealed to the District Court, which upheld both the injunction against him and the rejection of his application. The High Court noted that the injunction has been in force since 2023 and that the trial of the underlying suit is nearing conclusion. The Court declined to set aside the injunction, instead disposing of the writ petition and directing the civil court to conclude the suit within six months, with both parties agreeing not to seek unnecessary adjournments.

Issues considered

Whether the High Court can interfere with a temporary injunction issued under Order 39 Rules 1 and 2 and Section 151 CPC.
Whether the rejection of the petitioner's application for an injunction can be set aside.
Whether the High Court may direct the civil court to expedite the trial and limit adjournments.

Legislation cited

Code of Civil Procedure — s. Order 39 Rule 1, Order 39 Rule 2, Section 151

Subjects

temporary injunction
Order 39 CPC
Section 151 CPC
writ petition
civil suit
speedy trial
injunction

Judgment

2026:BHC-AUG:38718

28-sr911.W.P No.10089 of 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

911 WRIT PETITION NO. 10089 OF 2024

Laxman Tukaram Sawate
VERSUS
Sudam Tukaram Sawate And Others

----
Mr.D.A.Mane, Advocate for petitioner
Mr.Suraj Bagal, Advocate h/f. Mr.B.N.Gadegaonkar, Advocate for
respondent no.2 (through VC)
----

CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 25, 2026

ORDER :-

The petitioner has taken exception to the temporary

injunction issued by the trial court against him under Order 39 Rule 1

and 2 read with Section 151 of the Code of Civil Procedure. He also

challenges rejection of his application by which he has sought

injunction against the other side. The petitioner had filed an appeal

before the District Court challenging both the orders i.e. rejection of

his temporary injunction application and secondly, imposition of

temporary injunction against him. The said challenge has also been

turned down and hence the petitioner is before this court.

2. Suffice it to note, the first injunction order is in operation

since 2023. During the course of hearing of the petition this court is
2 28-sr911.W.P No

apprised that now the evidence is opened and the trial is soon to be

concluded.

3. In view of the above and considering the long standing

injunction against the petitioner, this Writ Petition is disposed of with

a request to the Civil Court to conclude the hearing in the suit as

early as possible and not later than six months from the date of this

order. Both the parties agree that they shall not unnecessary seek

adjournment in the suit proceeding and they shall prosecute the suit.

[AJIT B. KADETHANKAR, J.]
………..

KBP

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