Bombay High Court

UTTAMCHAND CHIMNIRAM JAINversusBANYABHAI VITTHALDAS SHAH DIED AND ORS

Disposal: DISPOSED OFF

Holding

The status‑quo orders shall continue to operate until the suits are disposed of, and the trial court must decide the suits within one year, leading to dismissal of the writ petitions.

Summary

The petitioners Uttamchand Chimniram Jain and Devendra Amrutlal Padiyar filed writ petitions seeking relief against the respondents, seeking to modify or lift the status‑quo orders imposed on 29‑02‑2012 and 01‑03‑2012. The principal issue was whether the existing status‑quo orders should remain in force pending the final disposal of the related suits. The Court examined the necessity of maintaining the status‑quo to prevent any prejudice to the parties and found no justification to alter it. It directed that the status‑quo orders continue to operate until the suits are finally disposed of. Additionally, the Court instructed the trial court to expedite the suits and render a decision within one year from the date of the order, rejecting reliance on observations from earlier district court appeals. Consequently, the writ petitions were dismissed as the relief sought was denied.

Issues considered

Whether the status‑quo orders dated 29‑02‑2012 and 01‑03‑2012 should continue to operate pending disposal of the suits
Whether the trial court should be directed to decide the suits within a specific time‑frame

Subjects

status quo
writ petition
civil suit
expeditious trial
High Court

Judgment

2026:BHC-AUG:39691



                                                                   903 WP1843.2012+
                                                -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              903 WRIT PETITION NO. 1843 OF 2012
                             UTTAMCHAND CHIMNIRAM JAIN
                                            VERSUS
                     BANYABHAI VITTHALDAS SHAH DIED AND ORS
                                               ...
              Advocate for the Petitioner : Mr. R. R. Sancheti
              Advocate for Respondents No.3B to 3D : Mr. Ajay T. Kanawade
                                               ...
                                               WITH
                                                …

                               WRIT PETITION NO. 1850 OF 2012
                             DEVENDRA AMRUTLAL PADIYAR
                                            VERSUS
                     BANYABHAI VITTHALDAS SHAH AND OTHERS
                                               ...
              Advocate for the Petitioner : Mr. R. R. Sancheti
              Advocate for Respondents No.3B to 3D : Mr. Ajay T. Kanawade
                                               …

                                          CORAM : SACHIN S. DESHMUKH, J.
                                               Date : 01.09.2026

              PER COURT :-

              1.          Parties are ad idem that since the orders of status quo

              are in vogue from 29.02.2012 and 01.03.2012 in respective

              Petitions, the same be maintained till disposal of the suits.


              2.          Accordingly,   the    orders   of   status   quo    dated

              29.02.2012 and 01.03.2012 shall continue to operate till disposal

              of the suits.
                                                  903 WP1843.2012+
                               -2-

3.         Needless to state that the trial court shall make an

endeavour to decide the suits expeditiously and in any case

within a period of one year from today and shall not be impressed

by the observations rendered by the District Judge-1, Nandurbar

in Misc. Civil Appeal No.6 of 2008 and Misc. Civil Appeal No.7 of

2008.


4.         Accordingly, the Writ Petitions stand disposed of.




                                     (SACHIN S. DESHMUKH, J.)

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