SHRI NARESH MANGALDAS PATIL v. SHRI. BHALACHANDRA MARUTI KHANDAGALE AND ANR
WP/13419/2016 · 2026-08-31
Civil Appealbody2016
DailyLaw.ai
[ 2016 DAILYLAW 2604 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2016 DAILYLAW 2604 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Vaishnavi 25-WP-13419-2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13419 OF 2016 Shri. Naresh Mangaldas Patil ...Petitioner V/s. Shri. Bhalachandra Maruti Khandagale and Anr. ...Respondents ________________ Mr. Sham Takur, H/F Mr. J. M. Joshi for the Petitioner. ________________ CORAM: SANDEEP V. MARNE, J.
DATED: 31 AUGUST 2026 P.C.: 1) The Petition challenges order dated 30 April 2016 passed by the Lower Appellate Court allowing the Miscellaneous Civil Appeal filed by the Defendant and setting aside order of temporary injunction dated 28 April 2015 passed in favour of the Plaintiff by the Trial Court. The Trial Court had restrained the Defendant No. 2 from carrying out any construction on the suit property. The temporary injunction is vacated on 30 April 2016. There is no protection in the present Petition for the last 10 long years. In my view therefore, it would be more appropriate that the suit is decided in an expeditious manner rather than determining the correctness of the order passed by the District Court. Page No.
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Vaishnavi 25-WP-13419-2016 2) The Writ Petition is accordingly disposed of with liberty to the parties to apply before the Trial Court for expeditious hearing of the suit. All contention raised in the Petition are kept open.
[SANDEEP V. MARNE, J.] Page No.
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