Bombay High Court

LAXMAN BHOLARAM BUNDELEversusTHE ADMINISTRATOR CIDCO OFFICE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The trial court is directed to decide RCS No. 654 of 2016 within six months from the date of this order.

Summary

Petitioner Laxman Bholaram Bundele filed a writ petition challenging the order dated 15.04.2017 of the 21st Joint CJJD, Aurangabad, which rejected his application for a temporary injunction in RCS No. 654 of 2016. The order was subsequently affirmed by the District Judge, Aurangabad, on 25.08.2023. The petitioner sought a direction for the trial court to decide the suit within a fixed period, without contesting the merits of the injunction application. The High Court, after hearing counsel, declined to interfere with the merits but directed the trial court to render its decision within six months from the date of the order. Consequently, the writ petition was disposed of.

Issues considered

What relief, if any, should be granted to the petitioner regarding the pending suit RCS No. 654 of 2016?
Whether the High Court can direct the trial court to decide the suit within a stipulated time.

Subjects

temporary injunction
writ petition
civil procedure
direction to trial court
delay in disposal
jurisdiction

Judgment

2026:BHC-AUG:4208

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               999 WRIT PETITION NO. 14588 OF 2023

                                 LAXMAN BHOLARAM BUNDELE
                                          VERSUS
                         THE ADMINISTRATOR CIDCO OFFICE AND OTHERS

                                                   ...
                               Advocate for petitioner : Mr. Milind Joshi
                        Advocate for the respondent no. 1 : Ms. Snehal Kulkarni
                                                   ...

                          CORAM               : SIDDHESHWAR S. THOMBRE, J.

                          DATE                : 23 JANUARY 2026

              PER COURT :

                          Heard learned counsel for the respective parties.

              2.          By way of present petition, the petitioner assails the order
              dated 15.04.2017 passed below Exhibit – 5 by learned 21 st Jt. CJJD,
              Aurangabad in RCS No. 654 of 2016 whereby application for grant of
              temporary injunction filed by petitioner came to be rejected. The said
              order was confirmed by order dated 25.08.2023 passed below Exhibit –
              39 by District Judge – 4, Aurangabad in MCA No. 115 of 2017.

              3.          Without going into the merits of the matter, both the
              learned counsel submit that purpose of the petition would be served if
              this Court directs the trial Court to decide the Suit within a stipulated
              period.

              4.          Therefore, Trial Court is directed to decide RCS No. 654 of
              2016 within a period of six (6) months from today.

              5.           In view thereof, writ petition is disposed of.


                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE
              arp/

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