JAGANNATH RAMBHAU ASKAND AND OTHERSversusNAGAR PANCHAYAT TIRTHPURI THROUGH ITS CHIEF OFFICER AND OTHERS

2026:BHC-AUG:10007



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                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                 WRIT PETITION NO. 11153 OF 2023

                         JAGANNATH RAMBHAU ASKAND AND OTHERS
                                              VERSUS
              NAGAR PANCHAYAT TIRTHPURI THROUGH ITS CHIEF OFFICER AND
                                              OTHERS
                                                 ...
              Advocate for the Petitioner : Mr. Umesh P. Darak
              Advocate for Respondents : Mr. Sambhaji S. Tope
                                                 ...

                                  CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     Date : 4th March, 2026

              PER COURT :-


              1.          Heard the learned counsel for petitioner as well as
              respondents.


              2.          By the present petition, the petitioners are assiling the

              order dated 21.07.2023 passed by the District Judge – 2, Ambad in M.

              C. A. No. 17 of 2021, whereby the appeal filed by the petitioners came

              to be dismissed.



              3.          Upon hearing the learned counsel for both parties, it is

              observed that the substantive dispute is at the evidentiary stage in the

              original suit, with the recording of the plaintiff’s evidence having

              already commenced. Both parties acknowledge that rather than
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litigating the interlocutory stages further, the matter should be disposed

of by ensuring a time-bound conclusion of the trial. Furthermore,

considering that this Court has already granted interim protection vide

order dated 07.09.2023, the Court finds it equitable to continue this

protection to preserve the rights of the parties until the final disposal of

the suit.



4.           In light of the submissions of the learned counsels and

without delving into the merits of the rival contentions at this stage, I

am of the opinion that the ends of justice would be met by directing the

Trial Court to decide the suit within a stipulated time. By maintaining

the status quo through the extension of the interim order and

expediting the final hearing, the core grievances of the parties can be

addressed effectively and efficiently.



5.           In that view of the matter, the writ petition is partly
allowed.


6.           The judgment and order dated 21.7.2023 passed by the

learned District Judge - 2, Ambad in M.C.A. No. 17 of 2021 and the

order dated 22.03.2018 passed below Exh. 5 in R.C.S. No. 96 of 2017

by the learned C.J.J.D., Gansawangi is quashed and set aside.
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7.            The Trial Court to decide the original suit within a period

of one year from today.



8.            The interim protection previously granted by this Court

shall remain in force and effect. This order of protection is extended

and shall continue to operate until the final adjudication and decision of

the suit by the Trial Court.



9.            It is made clear that all the points are kept open.


10.           It is clarified that this Court has not recorded any findings,

expressed any opinion or made any observations on the merits of the

case.



11.           Pending civil applications, if any, also stand disposed of.



                                           (SIDDHESHWAR S. THOMBRE, J.)



Omkar Joshi