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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


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