Bombay High Court
EKNATH PRABHAKARRAO DESHMUKHversusMAHADU HARIBHAU KHADE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court held that the status‑quo order shall continue to operate and the writ petition is disposed by directing the trial court to dispose the suit on its merits within eight months, without disturbing the interim order.
Summary
The petitioner, Eknath Prabhakarrao Deshmukh, challenged the order of the District Judge‑1, Jalna, which had vacated a temporary injunction granted by the trial court in Civil Suit No.259 of 2022. The trial court had earlier imposed a temporary injunction in favour of the petitioner, which was set aside on appeal. The petitioner sought to maintain the status‑quo and entered the writ petition alleging that the respondents were denying him possession of his portion of the land. The High Court noted that the question of possession could not be finally decided in the writ proceedings and that the appellate court’s reversal of the injunction was already effective. Consequently, the Court refused to disturb the status‑quo order and disposed of the writ petition by directing the trial court to dispose of the suit on its merits within eight months, while the status‑quo remains in force.
Issues considered
- Whether the High Court should disturb the status‑quo order pending the disposal of the civil suit.
- Whether the writ petition challenging the appellate court's order vacating the temporary injunction is maintainable.
- Whether the High Court can direct the trial court to dispose of the suit within a specified time frame.
Subjects
- temporary injunction
- status quo
- civil suit
- writ petition
- appellate court order
- interim relief
- disposal of suit
Judgment
2026:BHC-AUG:41590
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
31 WRIT PETITION NO.13643 OF 2023
Eknath Prabhakarrao Deshmukh .. Petitioner
Versus
Mahadu Haribhau Khade and Others .. Respondents
…..
Shri. Suvidh S. Kulkarni, Advocate for the Petitioner
Shri. B. G. Lathe, Advocate for Respondent Nos.1, 2, 4, 5 & 6
Respondent No.3 – Petition dismissed as per order dated 10.07.2024
…..
CORAM : AJIT B. KADETHANKAR, J.
Dated : SEPTEMBER 07, 2026
FINAL ORDER :-
. By way of the present Writ Petition, the Petitioner - original
Plaintiff challenges the order dated 28.06.2023 passed by the learned
District Judge-1, Jalna in Misc. Civil Appeal No.35 of 2022.
2. The facts of the Petition in a narrow compass are that, the learned
Trial Court by order dated 27.06.2022 passed below Exh.5 in Regular
Civil Suit No.259 of 2022 granted temporary injunction in favour of the
Petitioner - original Plaintiff in respect of the suit property. Being
aggrieved by the said order, the Respondents - original Defendants
preferred Misc. Civil Appeal No.35 of 2022 before the learned District
Judge-1, Jalna.
2.1. By order dated 28.06.2023, the learned Appellate Court allowed
the said Appeal and vacated the temporary injunction granted by the
2
learned Trial Court. Being aggrieved by the said order, the original
Plaintiff has approached this Court by filing the present Writ Petition.
3. During the hearing of the present Writ Petition on 21.03.2024, at
the request of the Petitioner, this Court directed the parties to maintain
status quo. The Writ Petition was filed on 21.08.2023. It is now
informed that the suit has proceeded further and is presently fixed for
recording of evidence.
4. Heard the learned Advocates for both the sides. Perused the
papers on record.
5. Shri Kulkarni, the learned Advocate for the Petitioner submits that
the Respondents under the garb of status quo, are not allowing the
Petitioner to enter into his own portion of land.
6. Shri. B.G. Lathe, the learned Advocate for the Respondent Nos.1,
2, 4 to 6, however counters this submission and submits that on the
basis of the revenue record, it can be seen that the Respondents are in
possession of the suit property.
7. At this stage, the rival submissions on the aspect of possession
cannot be adjudicated by this Court in the present proceedings. Further,
3
the prima facie findings recorded by the learned Trial Court in respect of
temporary injunction have subsequently been reversed by the learned
Appellate Court. Furthermore, considering the fact that the order of
status quo passed by this Court on 21.03.2024 is continued to operate as
on today, I do not deem it appropriate to disturb the said interim
direction at this stage. Rather, the interest of justice would be served by
finally disposing of the present Writ Petition by requesting the learned
Trial Court to conclude the suit proceedings in a time bound manner
and also by directing the parties to maintain status quo till disposal of
the suit.
8. Having regard to the aforesaid, the following order is passed.
ORDER
(i) The learned Trial Court to dispose of the suit proceedings i.e.
Regular Civil Suit No.259 of 2022, on its own merits and in
accordance with law, within a period of eight (8) months from
today.
(ii) The parties are directed to assist the learned Trial Court in
early disposal of the suit.
(iii) The parties shall not seek unnecessary adjournment in the suit
proceedings.
(iv) So far as the status-quo order is concerned, the same shall
operate till final disposal of the suit. If the Petitioner / Plaintiff
has any objection against the Respondents / Defendants about
breach of the status quo order, the Plaintiff is at liberty to file
4
appropriate proceedings in that regard.
(v) Writ Petition stands disposed of in above terms.
( AJIT B. KADETHANKAR, J. )
GGP
Checking your session…