1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 31 WRIT PETITION NO.13643 OF 2023 Eknath Prabhakarrao Deshmukh .. Petitioner Versus Mahadu Haribhau Khade and Others .. Respondents ….. Shri. Suvidh S. Kulkarni, Advocate for the Petitioner Shri. B. G. Lathe, Advocate for Respondent Nos.1, 2, 4, 5 & 6 Respondent No.3 – Petition dismissed as per order dated 10.07.2024 ….. CORAM : AJIT B. KADETHANKAR, J. Dated : SEPTEMBER 07, 2026 FINAL ORDER :- . By way of the present Writ Petition, the Petitioner - original Plaintiff challenges the order dated 28.06.2023 passed by the learned District Judge-1, Jalna in Misc. Civil Appeal No.35 of 2022. 2. The facts of the Petition in a narrow compass are that, the learned Trial Court by order dated 27.06.2022 passed below Exh.5 in Regular Civil Suit No.259 of 2022 granted temporary injunction in favour of the Petitioner - original Plaintiff in respect of the suit property. Being aggrieved by the said order, the Respondents - original Defendants preferred Misc. Civil Appeal No.35 of 2022 before the learned District Judge-1, Jalna. 2.1. By order dated 28.06.2023, the learned Appellate Court allowed the said Appeal and vacated the temporary injunction granted by the 2026:BHC-AUG:41590 2 learned Trial Court. Being aggrieved by the said order, the original Plaintiff has approached this Court by filing the present Writ Petition. 3. During the hearing of the present Writ Petition on 21.03.2024, at the request of the Petitioner, this Court directed the parties to maintain status quo. The Writ Petition was filed on 21.08.2023. It is now informed that the suit has proceeded further and is presently fixed for recording of evidence. 4. Heard the learned Advocates for both the sides. Perused the papers on record. 5. Shri Kulkarni, the learned Advocate for the Petitioner submits that the Respondents under the garb of status quo, are not allowing the Petitioner to enter into his own portion of land. 6. Shri. B.G. Lathe, the learned Advocate for the Respondent Nos.1, 2, 4 to 6, however counters this submission and submits that on the basis of the revenue record, it can be seen that the Respondents are in possession of the suit property. 7. At this stage, the rival submissions on the aspect of possession cannot be adjudicated by this Court in the present proceedings. Further, 3 the prima facie findings recorded by the learned Trial Court in respect of temporary injunction have subsequently been reversed by the learned Appellate Court. Furthermore, considering the fact that the order of status quo passed by this Court on 21.03.2024 is continued to operate as on today, I do not deem it appropriate to disturb the said interim direction at this stage. Rather, the interest of justice would be served by finally disposing of the present Writ Petition by requesting the learned Trial Court to conclude the suit proceedings in a time bound manner and also by directing the parties to maintain status quo till disposal of the suit. 8. Having regard to the aforesaid, the following order is passed. ORDER (i) The learned Trial Court to dispose of the suit proceedings i.e. Regular Civil Suit No.259 of 2022, on its own merits and in accordance with law, within a period of eight (8) months from today. (ii) The parties are directed to assist the learned Trial Court in early disposal of the suit. (iii) The parties shall not seek unnecessary adjournment in the suit proceedings. (iv) So far as the status-quo order is concerned, the same shall operate till final disposal of the suit. If the Petitioner / Plaintiff has any objection against the Respondents / Defendants about breach of the status quo order, the Plaintiff is at liberty to file 4 appropriate proceedings in that regard. (v) Writ Petition stands disposed of in above terms. ( AJIT B. KADETHANKAR, J. ) GGP