113 WP No.11153.2023 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11153 OF 2023 JAGANNATH RAMBHAU ASKAND AND OTHERS VERSUS NAGAR PANCHAYAT TIRTHPURI THROUGH ITS CHIEF OFFICER AND OTHERS ... Advocate for the Petitioner : Mr. Umesh P. Darak Advocate for Respondents : Mr. Sambhaji S. Tope ... CORAM : SIDDHESHWAR S. THOMBRE, J. Date : 4th March, 2026 PER COURT :- 1. Heard the learned counsel for petitioner as well as respondents. 2. By the present petition, the petitioners are assiling the order dated 21.07.2023 passed by the District Judge – 2, Ambad in M. C. A. No. 17 of 2021, whereby the appeal filed by the petitioners came to be dismissed. 3. Upon hearing the learned counsel for both parties, it is observed that the substantive dispute is at the evidentiary stage in the original suit, with the recording of the plaintiff’s evidence having already commenced. Both parties acknowledge that rather than 2026:BHC-AUG:10007 113 WP No.11153.2023 -2- litigating the interlocutory stages further, the matter should be disposed of by ensuring a time-bound conclusion of the trial. Furthermore, considering that this Court has already granted interim protection vide order dated 07.09.2023, the Court finds it equitable to continue this protection to preserve the rights of the parties until the final disposal of the suit. 4. In light of the submissions of the learned counsels and without delving into the merits of the rival contentions at this stage, I am of the opinion that the ends of justice would be met by directing the Trial Court to decide the suit within a stipulated time. By maintaining the status quo through the extension of the interim order and expediting the final hearing, the core grievances of the parties can be addressed effectively and efficiently. 5. In that view of the matter, the writ petition is partly allowed. 6. The judgment and order dated 21.7.2023 passed by the learned District Judge - 2, Ambad in M.C.A. No. 17 of 2021 and the order dated 22.03.2018 passed below Exh. 5 in R.C.S. No. 96 of 2017 by the learned C.J.J.D., Gansawangi is quashed and set aside. 113 WP No.11153.2023 -3- 7. The Trial Court to decide the original suit within a period of one year from today. 8. The interim protection previously granted by this Court shall remain in force and effect. This order of protection is extended and shall continue to operate until the final adjudication and decision of the suit by the Trial Court. 9. It is made clear that all the points are kept open. 10. It is clarified that this Court has not recorded any findings, expressed any opinion or made any observations on the merits of the case. 11. Pending civil applications, if any, also stand disposed of. (SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi