18-wp13888.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 WRIT PETITION NO. 13888 OF 2023 Kadu Kacharu Jadhav And Others VERSUS Chandrabhagabai Karbhari Wakchaure ---- Mr.N.D.Sonavane, Advocate for petitioners Mr.Saud A Deshmukh, Advocate for respondent - sole ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 03, 2026 ORDER :- Regular Civil Suit No.379 of 2020 was filed by the petitioners in the Court of Civil Judge, Junior Division, Vaijapur, Dist. Aurangabad against the present respondent. Decree of partition of the agricultural land admeasuring 1H 10R situated in Gut No.14 of Mauje Bhaygaon Ganga, Tq.Vaijapur, Dist. Aurangabad was prayed with an ancillary prayer of injunction against the defendant preventing her from transferring the suit property. Another prayer for declaration that the sale deed dated 18.11.2002 is not binding on the plaintiffs was also averred in the suit. In the suit, besides filing the written statement a counter claim also came to be filed by the defendants. Both the parties filed applications below Exh.5 in their proceedings seeking interim injunction against each other. In the plaintiffs’ application 2026:BHC-AUG:41204 2 18-wp13888.2023 temporary injunction was ordered putting restrictions on the defendant not to alienate the suit property. In the temporary injunction application filed by the defendant in the counter claim possession of the defendant over the suit property was protected by imposing injunction against the present petitioners/plaintiffs. 2. The defendant challenged the injunction imposed against her before the District Court vide Misc. Civil Appeal No.24 of 2022. After hearing both the parties the first appellate court allowed the appeal and vacated the temporary injunction imposed on the defendant by the trial court. As against that order, the plaintiffs are before this court. 3. Suffice it to note it is an admitted fact that the injunction imposed on the plaintiffs is in force even today. While issuing notice in this Writ Petition on 02.11.2023 this court granted ad-interim relief in terms of prayer clause (C) which reads thus:- C) Pending hearing and final disposal of this writ petition parties may be directed to maintain status quo in respect of suit property i.e. 1 H. 20 R. in gut no 14 of village Bhaygaon Ganga, Tq. Vaijapur, Dist. Aurangabad. 3 18-wp13888.2023 4. Today when the matter is taken up for hearing, learned advocates for both the sides request to dispose of the Writ Petition with a direction to the trial court expedite the proceedings. Although learned advocate for the petitioners requested that the order granting interim relief be continued till disposal of the suit, the same is objected by the other side. 5. Considering the arguments advanced by both the sides, the Writ Petition stands disposed of with a request to the trial court to conclude the suit proceedings within a period of ten months from today. The parties candidly agree that none of them will seek unnecessary adjournment in the suit. 6. So far as interim relief is concerned, I find that the petitioners were protected by the trial court. The protection was in continuation until the first appellate allowed the appeal filed by the defendant. Vide order dated 02.11.2023, the parties are directed to maintain status-quo. In view of this, I direct both the parties to observe status-quo as is ordered by this court till final disposal of the suit. With this, the Writ Petition stands disposed of. 4 18-wp13888.2023 7. Needless to observe, the protection granted to the defendant also shall remain in force till disposal of the suit. [AJIT B. KADETHANKAR, J.] ……….. KBP