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2023 DAILYLAW 2895 (BOM)

KESHAV DADARAO TANDALE v. CHIEF EXECUTIVE OFFICER MUNICIPAL COUNCIL BEED AND OTHERS

WP/11867/2023 · 2026-08-18

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Judgment text

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1 941-wp-11867-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11867 OF 2023 Keshav Dadarao Tandale VERSUS Chief Executive Officer Municipal Council Beed And Others ... Mr. T. M. Tandale, Advocate for the Petitioner Mr. B. V. Virdhe, AGP for Respondent-State Mr. R. D. Khadap, Advocate for Respondent no.1 Mr. M. R. Malpani, Advocate for Respondent nos.2 and 3 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 18TH AUGUST, 2026 P.C. :- . Heard learned Advocates for the respective parties for quite some time. 2. Writ Petition arises at the behest of the plaintiff in Regular Civil Suit No.54 of 2023 who has suffered concurrent findings by the Trial Court and the first Appellate Court whereby an application filed below Order 39 Rule 1 and 2 read with Section 151 of the Civil Procedure Code has been turned down. The plaintiff filed this Writ Petition challenging both the orders and seeking protection during the pendency of the suit. While issuing notice on 25.09.2023, this Court directed the parties to maintain status quo. 2026:BHC-AUG:37408 2 941-wp-11867-2023 3. Consequent to the notice issued by this Court, the defendants/respondents caused their appearance in this matter and lodged their reply affidavit. Today, when the matter is taken up for hearing, this Court is apprised by both the learned Advocates for the respective parties that the suit is now at the stage of leading evidence. 4. Mr. M. R. Malpani, learned Advocate for the respondents would however submit that although the suit is pending since long, on account of the status quo granted by this Court, the Trial Court is hesitating to proceed with the suit. 5. Suffice to note, this Court has cautiously directed the parties to maintain status quo. There was no stay to the suit proceedings. 6. May it be, considering that the suit is of the year 2023 and the parties are observing status quo directions issued by this Court vide order dated 25.09.2023, I deem it appropriate to direct the parties to continue to maintain status quo till disposal of the Civil Suit. In view of this, I pass following order: 3 941-wp-11867-2023 ORDER a. Writ Petition stands disposed of with directions to both the parties to maintain status quo till disposal of the suit. b. Learned Jt. Civil Judge Junior Division, Beed is requested to conclude the suit proceedings as expeditiously as possible and in any case within (08) eight months from today. c. The parties candidly undertake not to seek any adjournment or cause unnecessary delay in the suit proceedings. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026