Bombay High Court

JIJABAI MOTIRAM TAMASKAR AND ANOTHERversusTHE SUB REGISTRAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of, with the trial court directed to expedite the pending suit and decide it on its own merits.

Summary

The petitioners filed a civil suit in 2020 for partition and separate possession of property. During the suit, they obtained a temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, restraining the defendants from alienating the property. The defendants appealed, and the District Court set aside the injunction. Aggrieved, the petitioners filed a writ petition before the High Court. The High Court disposed of the writ petition, directing the trial court to conclude the suit expeditiously within eight months, and clarified that the trial court must decide the suit on its merits without being influenced by prior orders.

Issues considered

What is the appropriate remedy for the petitioners after the temporary injunction was set aside by the appellate court?
Whether the writ petition challenging the appellate order is maintainable and appropriate?

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1, Order XXXIX Rule 2, Section 151

Subjects

partition suit
temporary injunction
Civil Procedure Code
Order XXXIX
writ petition
appellate court
expeditious disposal

Judgment

2026:BHC-AUG:42154



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                                                                       904-wp-13008-2024

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     WRIT PETITION NO. 13008 OF 2024

                                 Jijabai Motiram Tamaskar And Another
                                                VERSUS
                                      The Sub Registrar And Others
                                                   ...
                     Mr. G. T. Kharate, Advocate for the Petitioners
                     Mr. K. B. Jadhavar, AGP for Respondent-State
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 10TH SEPTEMBER, 2026

                     P.C. :-

                     .         The petitioners/plaintiffs have instituted a Regular Civil

                     Suit No.130 of 2020 against the respondents for partition and

                     separate possession. During the proceeding of the suit, an

                     application under Order XXXIX Rule 1 and 2 read with Section

                     151 of the Civil Procedure Code, 1908 was filed seeking

                     temporary injunction against defendant nos.1 to 9 thereby

                     restraining them from alienating any portion of the suit

                     property. The said application was allowed by the Trial Court.

                     2.        Feeling aggrieved by the temporary injunction order,

                     the defendants rushed to the First Appellate Court i.e. District

                     Court vide Miscellaneous Civil Appeal No.07 of 2024. After

                     hearing both the parties, vide judgment and order dated
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                                                   904-wp-13008-2024

10.05.2024, learned First Appellate Court pleased to allow the

appeal thereby setting aside the temporary injunction

application.

3.    Feeling aggrieved thereby, the plaintiffs are before this

Court.

4.    Considering that the suit is of the year 2020, and the

petitioners have lost the protection in the month of May,

2024, keeping in view the object behind Order XXXIX Rule 1

and 2 of the Civil Procedure Code, I deem it appropriate to

dispose of the Writ Petition with a request to the Trial Court

to conclude the suit expeditiously. Hence, the following order:

                              ORDER

      a.       Writ Petition stands disposed of.

      b.       Learned Judge of the Trial Court is
      requested to conclude the suit proceedings as
      expeditiously as possible and preferably within a
      period of eight months from today.

      c.       Suffice to note, the observations recorded
      by the First Appellate Court are to the extent of
      the issue pending before the Appellate Court only.

      d.       Needless to observe, the Trial Court shall
      decide the suit on its own merits and without
      being influenced by any order passed earlier.
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                                                     904-wp-13008-2024

        e.       All issues kept open.

        f.       It is clarified that any transaction in respect
        of the subject matter of the suit property would
        be subject to the outcome of the Civil Suit.

        g.       Writ Petition stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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