Bombay High Court

VIKAS RAMKISHAN RENGEversusMADHAV TUKARAM PHAD AND ANOTHERS

Disposal: DISPOSED OFF

Holding

The court held that the status‑quo must be maintained until the suit is finally decided and disposed of the writ petition without addressing the merits.

Summary

The petitioner challenged a 2015 order of the Ad‑hoc District Judge‑2, Parbhani, which had upheld a lower court's decision in a civil suit concerning a portion of property sold under a sale deed. The High Court, noting that both parties agreed that justice would be served by maintaining the interim status‑quo, directed that the status‑quo be continued until the final disposal of the suit. The Court expressly stated that it was not deciding the merits of the underlying dispute and left all contentions open. It further directed the trial court to expedite the suit and render a decision on merits within one year. Consequently, the writ petition was disposed of without a merits determination.

Issues considered

Whether the ad‑interim status‑quo order should be continued pending final disposal of the civil suit
Whether the writ petition should be disposed without adjudicating the merits of the underlying suit

Subjects

status quo
interim order
writ petition
civil suit
justice
expedited proceedings

Judgment

2026:BHC-AUG:44544



                                                                     43 WP No.11836.2015
                                               -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            WRIT PETITION NO. 11836 OF 2015

                                VIKAS RAMKISHAN RENGE
                                        VERSUS
                           MADHAV TUKARAM PHAD AND ANOTHERS
                                              ***
              Advocate for the Petitioner : Mr. D. S. Bhapkar h/f Mr. V. D.
              Salunke
              Advocate for Respondent : Mr. Sanjay V. Mundhe
                                              ***

                                CORAM : SACHIN S. DESHMUKH, J.
                                  Date : 29th September, 2026
              PER COURT :-


              1.          The petitioner has challenged the judgment and order

              dated 28.10.2015 rendered by the learned Ad-hoc District Judge–2,

              Parbhani, in Misc. Civil Appeal No. 66 of 2015, endorsing the order

              dated 12.10.2015 rendered by the learned 2nd Civil Judge, Junior

              Division, Parbhani, below Exhibit 5 in Regular Civil Suit No. 314 of

              2014.


              2.          Vide order dated 19.08.2016, this Court directed to

              maintain status quo in respect of the portion indicated to be the

              part of the sale deed.



              3.          The   learned   counsel    for   the   petitioner   and   the

              respondents are ad idem that the interest of justice would be
                                                         43 WP No.11836.2015
                                       -2-

served if the petition is disposed of by continuing the ad-interim

order directing the parties to maintain status quo till the disposal of

the suit.


4.            In view of the above, the parties shall maintain status

quo in respect of the specific portion of the property indicated to be

sold to the plaintiff in the sale deed which shall remain in operation

till the final disposal of the suit.


5.            It is made clear that this Court has not adjudicated

upon the merits of the case. All the contentions of the litigating

parties are kept open.


6.            Considering that the suit is of the year 2014, the Trial

Court is requested to make an endeavour to expedite the

proceedings and decide the suit on its merits in accordance with

law, within a period of one year from today.


7.            With the aforesaid observations, the Writ Petition

stands disposed of.



                                             (SACHIN S. DESHMUKH, J.)

Omkar Joshi

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