Bombay High Court

MUKESH MACHINDRA RAKSHE AND OTHERSversusMACHINDRA LAXMAN RAKSHE AND OTHERS

Disposal: DISPOSED OFF
Bench: NEERAJ P DHOTE

Holding

The writ petition was disposed as there was no point in keeping it pending while the regular civil appeal is scheduled for final arguments.

Summary

The petitioners filed a writ petition under Article 226 challenging a district court order that rejected their application for a temporary injunction in a civil matter. The regular civil appeal concerning the same dispute is now scheduled for final arguments. The respondent's counsel did not contest this scheduling. The court held that, given the appeal is pending for final hearing, there is no justification for keeping the writ petition alive. Consequently, the writ petition was disposed. The court directed the appellate court to decide the appeal promptly.

Issues considered

Whether a writ petition under Article 226 challenging a lower court's order should remain pending when the regular civil appeal is set for final hearing

Subjects

Article 226
temporary injunction
writ petition
civil appeal
jurisdiction

Judgment

                                                              944wp3756-24

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   944 WRIT PETITION NO. 3758 OF 2024
                Mukesh Machindra Rakshe And Others
                               VERSUS
                Machindra Laxman Rakshe And Others
                                  ...
Mr. Gaikwad Anil M., Advocate for the Petitioner
Mr. Arun V. Rakh, Advocate for Respondent No.3

                         CORAM : NEERAJ P. DHOTE, J.
                           Dated : 31st July, 2026
PER COURT :-

1.         By this Petition under Article 226 of the Constitution of India,
the Petitioners have challenged the order dated 04.11.2023, passed
below Exhibit 5 by the learned District Judge-1, Shrigonda, in Regular
Civil Appeal No. 20 of 2023, rejecting the application for temporary
injunction.

2.         It is submitted by the learned Advocate for the Petitioners that,
now the Regular Civil Appeal is fixed for final hearing. The learned
Advocate for Respondent No.3 does not dispute the said aspect.

3.         In view of the above undisputed factual aspect that, now the
Regular Civil Appeal is fixed for final arguments, there is no point in
keeping the Petition pending. Hence, the Writ Petition stands disposed
of.

4.         The learned Appellate Court is expected to decide the Appeal
at the earliest.




                                                   ( NEERAJ P. DHOTE, J.)

      JPChavan                                                        1 of 1

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