Bombay High Court

KADU SITARAM WANKHEDE AND ANOTHERversusLILADHAR HIRAMAN BARHATE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of without any order on merits, leaving the earlier injunction orders intact but limited to their temporary scope.

Summary

The petitioners, who were original defendants in a civil suit, filed a writ petition challenging two orders that granted a temporary injunction to the plaintiffs and were later affirmed on appeal. The trial court had granted the injunction under Order XXXIX, Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908, finding a prima facie case, balance of convenience, and irreparable loss. The defendants appealed the injunction order, but the appellate court dismissed the appeal, leaving the injunction in force. The High Court, after reviewing the writ petition, declined to interfere with the substantive findings of the lower courts and disposed of the petition without addressing the merits. Instead, the court directed the trial court to conclude the underlying civil suit within six months, while keeping all parties' contentions open and limiting the effect of the earlier injunction orders to their temporary nature.

Issues considered

Whether the orders granting a temporary injunction and their affirmation on appeal can be set aside by a writ petition.
Whether the High Court should entertain the writ petition on merits or merely direct the trial court to expedite the suit.

Legislation cited

Code of Civil Procedure, 1908 — s. 151

Subjects

temporary injunction
Civil Procedure Code
Section 151 CPC
Order XXXIX
writ petition
appeal dismissal
court disposal

Judgment

2026:BHC-AUG:41410
                                              1
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD.

                                26 WRIT PETITION NO.5075 OF 2023

               Kadu Sitaram Wankhede and Another                          ..Petitioners
                     Versus
               Liladhar Hiraman Barhate and Others                        ..Respondents
                                                   …..
                         Shri. Satyajeet S. Dixit, Advocate for the Petitioners
                             Shri. Vivek Dhage h/f. Shri. Shaikh Naseer,
                                Advocate for Respondent Nos.1 and 2
                                                   …..

                                             CORAM :      AJIT B. KADETHANKAR, J.
                                             Dated    :   SEPTEMBER 07, 2026

               PER COURT :-

               1.    By way of this Writ Petition, the Petitioners—Original Defendant

               Nos. 1 and 2 challenge the consecutive orders dated 03.09.2022 and

               19.11.2022 passed by the learned Civil Judge, Junior Division, Raver,

               District Jalgaon, and the learned District Judge-2, Bhusawal, District

               Jalgaon, respectively.



               2.    The order dated 03.09.2022 below Exh.6 in Regular Civil Suit No.

               42 of 2022 was passed by the learned Civil Judge, Junior Division,

               Raver, District Jalgaon, whereby the application for temporary

               injunction filed by the Plaintiffs (Respondent Nos.1 and 2 herein) came

               to be allowed and a temporary injunction was granted against the

               Defendants (Petitioners and Respondent No.3 herein). The said order

               was challenged by the Orig. Defendants by filing Misc. Civil Appeal No.
                               2
35 of 2022 and the same was dismissed by the learned District Judge-2,

Bhusawal, District Jalgaon, vide the order dated 19.11.2022. Both the

orders were passed in the context of the application for temporary

injunction under Order – XXXIX, Rule - 1 and 2 read with Section 151 of

the Code of Civil Procedure, 1908 (CPC).



3.    The suit was instituted in the year 2022. The first order granting

the temporary injunction is dated 03.09.2022. Thereafter, the Appeal

filed by the Defendants (Petitioners and Respondent No.3 herein) came

to be dismissed vide order dated 19.11.2022. As such, the injunction

granted by the learned Trial Court continues to remain in force even

today. The three essential parameters, prima facie case, balance of

convenience, and irreparable loss, were proved by the Plaintiffs

(Respondent Nos.1 and 2 herein) before the learned Trial Court while

arguing the application for temporary injunction. The learned Trial

Court accepted the said submissions and granted the temporary

injunction. The First Appellate Court also examined the correctness of

the order granting the temporary injunction against the Defendants

(Petitioners and Respondent No.3 herein). Upon being satisfied with the

reasons recorded by the learned Trial Court, the learned First Appellate

Court confirmed the said findings. In view of this, I deem it appropriate

to dispose of the writ petition by requesting the learned Trial Court to

dispose of the suit proceedings within a period of six (6) months from
                                  3
today. Hence, I pass the following order:

                                      ORDER

(i)     The Writ Petition stands disposed of without any order on merits.

(ii)    The learned Trial Court is requested to dispose of the suit
proceedings i.e. Regular Civil Suit No.42/2022 within six (6) months
from today.


(iii)   Both the sides candidly agree not to prolong the suit proceedings
without any justifiable reason.


(iv)    Needless to state that, the findings recorded by the learned Trial
Court and the learned First Appellate Court in the orders dated
03.09.2022 and 19.11.2022, respectively, in respect of the temporary
injunction are restricted only to that extent.


(v)     All contentions of the parties are kept open.


(vi)    The learned Trial Court shall not be influenced by any
observations made by the learned Trial Court and First Appellate Court
in the orders dated 03.09.2022 and 19.11.2022, respectively.




                                        ( AJIT B. KADETHANKAR, J. )

GGP

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