Bombay High Court

SHRI NARESH MANGALDAS PATILversusSHRI. BHALACHANDRA MARUTI KHANDAGALE AND ANR

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The writ petition is disposed of, with liberty to the parties to approach the Trial Court for an expeditious hearing of the suit, without interfering with the lower appellate court’s order.

Summary

The petitioner challenged an order dated 30 April 2016 of the Lower Appellate Court that set aside a temporary injunction granted by the Trial Court on 28 April 2015, which had restrained the second defendant from carrying out construction on the suit property. The trial court’s injunction had been in force for about ten years, and the petitioner sought its restoration. The High Court noted that the petition did not seek to re‑examine the correctness of the lower court’s order but rather emphasized the need for a speedy resolution of the underlying suit. Consequently, the Court declined to interfere with the appellate order and instead directed the parties to approach the Trial Court for an expeditious hearing of the suit. All contentions raised in the petition were left open, and the writ petition was disposed of.

Issues considered

Whether the writ petition challenging the vacating of the temporary injunction is maintainable
Whether the High Court should set aside the order of the Lower Appellate Court
Whether the parties should be directed to obtain an expeditious hearing of the suit

Subjects

temporary injunction
construction
writ petition
expeditious hearing
civil appellate jurisdiction
injunction vacated

Judgment

Vaishnavi                                              25-WP-13419-2016


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                      WRIT PETITION NO. 13419 OF 2016

Shri. Naresh Mangaldas Patil                          ...Petitioner

                     V/s.

Shri. Bhalachandra Maruti Khandagale
and Anr.                                             ...Respondents
                                ________________
Mr. Sham Takur, H/F Mr. J. M. Joshi for the Petitioner.
                                ________________


                                           CORAM: SANDEEP V. MARNE, J.

                                           DATED: 31 AUGUST 2026


P.C.:


1)          The Petition challenges order dated 30 April 2016 passed by the
Lower Appellate Court allowing the Miscellaneous Civil Appeal filed by
the Defendant and setting aside order of temporary injunction dated 28
April 2015 passed in favour of the Plaintiff by the Trial Court. The Trial
Court had restrained the Defendant No. 2 from carrying out any
construction on the suit property. The temporary injunction is vacated
on 30 April 2016. There is no protection in the present Petition for the
last 10 long years. In my view therefore, it would be more appropriate
that the suit is decided in an expeditious manner rather than
determining the correctness of the order passed by the District Court.



                                    Page No.1 of 2
                                   31 August 2026
Vaishnavi                                                 25-WP-13419-2016


2)          The Writ Petition is accordingly disposed of with liberty to the
parties to apply before the Trial Court for expeditious hearing of the suit.
All contention raised in the Petition are kept open.




                                                     [SANDEEP V. MARNE, J.]




                                    Page No.2 of 2
                                   31 August 2026

Continue reading with your account

Checking your session…