Bombay High Court
MAGANBHAI VESTABHAI BARAF AND ORSversusUNION TERRITORY OF D. AND N.H. AND D.D. ( THR. THE ADMINI. ) OF D. AND N.H. AND D.D. AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN P DUBASH
Holding
The status quo order shall continue to operate until the pronouncement of the pending Exhibit ‘5’ application.
Summary
The petitioners sought an extension of a status quo order that had been repeatedly continued since 23 April 2026, pending the final decision on their Exhibit ‘5’ application scheduled for 15 June 2026. The Civil Judge, Senior Division, Silvassa, adjourned the matter without extending the status quo, prompting the petitioners to file a writ petition. The High Court examined whether it was just and equitable to allow the status quo to remain in force until the pending application is decided. The Court held that, in the interest of justice, the status quo should continue until the pronouncement of the pending order. Accordingly, the writ petition was disposed of, directing the continuation of the status quo and ordering no costs.
Issues considered
- Whether the High Court can order the continuation of a status quo order pending the final decision on an application.
- Whether it is just, fair, and equitable to extend the status quo in the circumstances presented.
Subjects
- status quo
- writ petition
- interim order
- extension of interim relief
- civil appellate jurisdiction
- procedural fairness
Judgment
6. WP-7116-2026.doc
Maganbhai & Ors. vs. Union Territory & Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7116 OF 2026
Maganbhai Vestabhai Baraf And Ors .. Petitioners
V/s.
Union Territory Of D. And N.H.
And D.D. ( Thr. The Admini. ) Of
D. And N.H. And D.D. And Ors .. Respondents
______________________________________
Mr. Abhishek Matkar, for the Petitioners.
Mr. Girish Agrawal, (through VC), for Respondent no. 4.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 5th JUNE 2026
(VACATION COURT)
P.C.:
1. The present Writ Petition impugns an order dated 1 st June 2026 passed by
the Learned Civil Judge, Senior Division, Silvassa who has not passed any
orders in the Application below Exhibit ‘48’ for extension of status quo
AMOL
preferred by the Petitioners herein and simplicitor adjourned the matter to
PREMNATH
JADHAV 15th June 2026.
Digitally signed by
AMOL PREMNATH
JADHAV 2. It is not in dispute that the Petitioners’ Exhibit ‘5’ Application was argued
Date: 2026.06.05
18:05:28 +0530
and closed for orders on 16th April 2026. Thereafter, on 23rd April 2026, the
Petitioners’ Application at Exhibit ‘43’ for grant of status quo till the final
disposal of his Exhibit ‘5’ Application was allowed and a status quo order
was passed till 27th April 2026. This status quo order was thereafter
continued from time to time until 1 st June 2026 on which date, the
Petitioners once again filed a fresh Application below Exhibit ‘48’ for
extension of the status quo order till the pronouncement of the order on the
Page 1 of 2
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Order dated 5th June 2026
6. WP-7116-2026.doc
Maganbhai & Ors. vs. Union Territory & Ors.
Exhibit ‘5’ Application. It is under these circumstances that the impugned
order came to be passed on 1 st June 2026 and the matter was simplicitor
adjourned to 15th June 2026 without continuation of the status quo order.
3. This Court is informed that the Petitioners’ Exhibit ‘5’ Application is placed
for pronouncement of order on 15th June 2026. In the circumstances, it
would be just, fair and equitable and in the interests of justice that the status
quo order that was earlier passed on 23 rd April 2026 and which has been in
force since then till 1st June 2026 shall continue to operate until the
pronouncement of the order on the Exhibit ‘5’ Application filed by the
Petitioner.
4. The present Writ Petition is disposed of in terms of the above order. There
shall be no order as to costs.
( FARHAN P. DUBASH, J. )
Amol
Page 2 of 2
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Order dated 5th June 2026
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