ASHOK GOVINDRAO DAWARGAVEversusGANESH MADHAVRAO THETE AND OTHERS

2026:BHC-AUG:42142


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              WRIT PETITION NO. 12077 OF 2026

                             ASHOK GOVINDRAO DAWARGAVE
                                             VERSUS
                        GANESH MADHAVRAO THETE AND OTHERS
                                                 ...
                        Advocate for Petitioner : Mr. Deshpande Gaurav L.
                       AGP for Respondent/s – State : Ms. Vaishali Chaudhari
                                                 …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE       : 09th SEPTEMBER, 2026

              PER COURT :

              1.           The Petitioner in this Writ Petition is challenging the order

              dated 15.09.2025, passed below Exhibit 29 granting the order of status

              quo and the order dated 11.02.2026, passed below Exhibit 63 rejecting

              the Petitioner's Application for continuing the order of status quo.

              2.           These prayers of the Petitioner are made on the background

              of the fact that the Application filed by the Petitioner for making

              available a road to approach the main road from survey nos. 131 and 132,

              under Section 143 of the Maharashtra Land Revenue Code, was allowed

              by the Tahsildar, Nilanga, vide order dated 17.07.2025. The order has

              been passed for making available road of 8.25 feet from the bandh of

              survey no. 131 and 132. This order of Tahsildar was subjected to
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challenge by the Respondent nos. 1 and 2, by filing a suit before the Civil

Judge, Senior Division, Nilanga, in Regular Civil Suit no. 65/2025.

3.           It is submitted that Respondent nos. 1 and 2, have filed an

Application for maintaining status quo, in respect of the order passed by

the Tahsildar granting road in favour of the Petitioner which came to be

allowed on 15.09.2025 by the Joint Civil Judge, Senior Division,

Nilanga, in Application below Exhibit 29. It is submitted that the

Petitioner has filed an Application for vacating the status quo order

granted on 15.09.2025, by filing an Application Exhibit 63 which has

been rejected vide order dated 11.02.2026.

4.           Learned Advocate for the Petitioner submits that Exhibit 5

has not been heard on its merits till date. The status quo order has been

continued from time to time. Learned Civil Judge, Senior Division,

Nilanga, has recorded that all the Defendants have appeared in the matter

and all the parties are ready to argue Exhibit 5. It is also recorded that the

Plaintiffs are ready to argue the matter. Hence, there is no need to set

aside the status quo order passed below Exhibit 29.

5.           It is submitted that in spite of this order at 11.02.2026, till

date there is no hearing on Exhibit 5, and on one or the other pretext the

matter has been adjourned from time to time. Therefore, although he has

challenged the orders passed below Exhibit 29 and Exhibit 63, it would
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suffice if the trial Court is directed to hear the Exhibit 5 Application and

decide it within a stipulated period.

6.           Considering that all the Defendants are appearing in the suit

as observed by the trial Court, in my opinion, even without issuing notice

to the parties in the present Writ Petition, no prejudice would be caused

to any of the parties, if directions are issued to the Joint Civil Judge,

Senior Division, Nilanga, to hear and decide the Application. Hence, I

pass the following order :

                                  ORDER

      i.     The Application below Exhibit 5 Application in RCS

      no. 65/2025, shall be heard by the learned Joint Civil Judge,

      Senior Division, Nilanga, as early as possible he should make

      an endeavor to decide the same within a period of three

      weeks.

      ii.    In the aforementioned directions, the Writ Petition

      stands disposed of.



                                        ( MANJUSHA DESHPANDE, J. )




SPC