Bombay High Court
KADU KACHARU JADHAV AND OTHERSversusCHANDRABHAGABAI KARBHARI WAKCHAURE
- Disposal
- DISPOSED OFF
Holding
The writ petition is disposed, with an order that the status‑quo injunction remain in force and the trial court be directed to conclude the suit within ten months.
Summary
The petitioners filed a civil suit in 2020 seeking partition of agricultural land and an injunction restraining the respondent from alienating the property, also claiming a 2002 sale deed was invalid. The trial court granted a temporary injunction against the respondent, which was later vacated by the appellate court, while the injunction against the petitioners remained in force. The petitioners approached the High Court under a writ petition, requesting continuation of the interim relief and a direction for the trial court to expedite the suit. The Court noted that the status‑quo injunction on the petitioners was still effective and that both parties had agreed not to seek unnecessary adjournments. Accordingly, the Court disposed of the writ petition, directing the parties to maintain the status‑quo and ordering the trial court to conclude the suit within ten months. The interim protection for the respondent was also affirmed to continue until the suit’s final disposal.
Issues considered
- Whether the interim injunction restraining the parties from alienating the suit property should continue pending the final disposal of the civil suit.
- Whether the High Court should direct the trial court to expedite the pending suit within a specified time frame.
Subjects
- injunction
- status quo
- partition suit
- civil procedure
- writ petition
- interim relief
- expedited trial
Judgment
2026:BHC-AUG:41204
18-wp13888.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 WRIT PETITION NO. 13888 OF 2023
Kadu Kacharu Jadhav And Others
VERSUS
Chandrabhagabai Karbhari Wakchaure
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Mr.N.D.Sonavane, Advocate for petitioners
Mr.Saud A Deshmukh, Advocate for respondent - sole
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CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 03, 2026
ORDER :-
Regular Civil Suit No.379 of 2020 was filed by the
petitioners in the Court of Civil Judge, Junior Division, Vaijapur, Dist.
Aurangabad against the present respondent. Decree of partition of the
agricultural land admeasuring 1H 10R situated in Gut No.14 of Mauje
Bhaygaon Ganga, Tq.Vaijapur, Dist. Aurangabad was prayed with an
ancillary prayer of injunction against the defendant preventing her
from transferring the suit property. Another prayer for declaration that
the sale deed dated 18.11.2002 is not binding on the plaintiffs was also
averred in the suit. In the suit, besides filing the written statement a
counter claim also came to be filed by the defendants. Both the
parties filed applications below Exh.5 in their proceedings seeking
interim injunction against each other. In the plaintiffs’ application
2 18-wp13888.2023
temporary injunction was ordered putting restrictions on the
defendant not to alienate the suit property. In the temporary
injunction application filed by the defendant in the counter claim
possession of the defendant over the suit property was protected by
imposing injunction against the present petitioners/plaintiffs.
2. The defendant challenged the injunction imposed against
her before the District Court vide Misc. Civil Appeal No.24 of 2022.
After hearing both the parties the first appellate court allowed the
appeal and vacated the temporary injunction imposed on the
defendant by the trial court. As against that order, the plaintiffs are
before this court.
3. Suffice it to note it is an admitted fact that the injunction
imposed on the plaintiffs is in force even today. While issuing notice
in this Writ Petition on 02.11.2023 this court granted ad-interim relief
in terms of prayer clause (C) which reads thus:-
C) Pending hearing and final disposal of this writ
petition parties may be directed to maintain
status quo in respect of suit property i.e. 1 H. 20
R. in gut no 14 of village Bhaygaon Ganga, Tq.
Vaijapur, Dist. Aurangabad.
3 18-wp13888.2023
4. Today when the matter is taken up for hearing, learned
advocates for both the sides request to dispose of the Writ Petition
with a direction to the trial court expedite the proceedings. Although
learned advocate for the petitioners requested that the order
granting interim relief be continued till disposal of the suit, the same
is objected by the other side.
5. Considering the arguments advanced by both the sides,
the Writ Petition stands disposed of with a request to the trial
court to conclude the suit proceedings within a period of ten months
from today. The parties candidly agree that none of them will seek
unnecessary adjournment in the suit.
6. So far as interim relief is concerned, I find that the
petitioners were protected by the trial court. The protection was in
continuation until the first appellate allowed the appeal filed by the
defendant. Vide order dated 02.11.2023, the parties are directed to
maintain status-quo. In view of this, I direct both the parties to
observe status-quo as is ordered by this court till final disposal of the
suit. With this, the Writ Petition stands disposed of.
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7. Needless to observe, the protection granted to the
defendant also shall remain in force till disposal of the suit.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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