Bombay High Court

DEVENDRA AMRUTLAL PADIYARversusBANYABHAI VITTHALDAS SHAH DIED THRU LRS RADHAKISAN @ LALA VITTHAL SHAH AND ANR

Disposal: DISPOSED OFF

Holding

The court held that the status quo orders shall continue to operate until the suits are disposed of and directed the trial court to decide the suits within one year.

Summary

The High Court of Bombay, Aurangabad Bench, entertained two writ petitions filed by Uttamchand Chimniram Jain and Devendra Amrutlal Padiyar seeking relief against orders of status quo dated 29 February 2012 and 1 March 2012. The court affirmed that these status quo orders shall remain in force until the underlying suits are finally disposed of. It further directed the trial court to endeavour to decide the suits expeditiously, specifically within one year from the date of the order, and not to be influenced by observations made in Misc. Civil Appeals No.6 and No.7 of 2008. Consequently, the writ petitions were disposed of. The decision underscores the court’s emphasis on maintaining interim orders while ensuring swift resolution of the main suits.

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 period of one year.

Subjects

status quo
writ petition
civil suit
expeditious trial
High Court

Judgment

2026:BHC-AUG:39692



                                                                   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.)

marathe

Continue reading with your account

Checking your session…