1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 26 WRIT PETITION NO.5075 OF 2023 Kadu Sitaram Wankhede and Another ..Petitioners Versus Liladhar Hiraman Barhate and Others ..Respondents ….. Shri. Satyajeet S. Dixit, Advocate for the Petitioners Shri. Vivek Dhage h/f. Shri. Shaikh Naseer, Advocate for Respondent Nos.1 and 2 ….. CORAM : AJIT B. KADETHANKAR, J. Dated : SEPTEMBER 07, 2026 PER COURT :- 1. By way of this Writ Petition, the Petitioners—Original Defendant Nos. 1 and 2 challenge the consecutive orders dated 03.09.2022 and 19.11.2022 passed by the learned Civil Judge, Junior Division, Raver, District Jalgaon, and the learned District Judge-2, Bhusawal, District Jalgaon, respectively. 2. The order dated 03.09.2022 below Exh.6 in Regular Civil Suit No. 42 of 2022 was passed by the learned Civil Judge, Junior Division, Raver, District Jalgaon, whereby the application for temporary injunction filed by the Plaintiffs (Respondent Nos.1 and 2 herein) came to be allowed and a temporary injunction was granted against the Defendants (Petitioners and Respondent No.3 herein). The said order was challenged by the Orig. Defendants by filing Misc. Civil Appeal No. 2026:BHC-AUG:41410 2 35 of 2022 and the same was dismissed by the learned District Judge-2, Bhusawal, District Jalgaon, vide the order dated 19.11.2022. Both the orders were passed in the context of the application for temporary injunction under Order – XXXIX, Rule - 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (CPC). 3. The suit was instituted in the year 2022. The first order granting the temporary injunction is dated 03.09.2022. Thereafter, the Appeal filed by the Defendants (Petitioners and Respondent No.3 herein) came to be dismissed vide order dated 19.11.2022. As such, the injunction granted by the learned Trial Court continues to remain in force even today. The three essential parameters, prima facie case, balance of convenience, and irreparable loss, were proved by the Plaintiffs (Respondent Nos.1 and 2 herein) before the learned Trial Court while arguing the application for temporary injunction. The learned Trial Court accepted the said submissions and granted the temporary injunction. The First Appellate Court also examined the correctness of the order granting the temporary injunction against the Defendants (Petitioners and Respondent No.3 herein). Upon being satisfied with the reasons recorded by the learned Trial Court, the learned First Appellate Court confirmed the said findings. In view of this, I deem it appropriate to dispose of the writ petition by requesting the learned Trial Court to dispose of the suit proceedings within a period of six (6) months from 3 today. Hence, I pass the following order: ORDER (i) The Writ Petition stands disposed of without any order on merits. (ii) The learned Trial Court is requested to dispose of the suit proceedings i.e. Regular Civil Suit No.42/2022 within six (6) months from today. (iii) Both the sides candidly agree not to prolong the suit proceedings without any justifiable reason. (iv) Needless to state that, the findings recorded by the learned Trial Court and the learned First Appellate Court in the orders dated 03.09.2022 and 19.11.2022, respectively, in respect of the temporary injunction are restricted only to that extent. (v) All contentions of the parties are kept open. (vi) The learned Trial Court shall not be influenced by any observations made by the learned Trial Court and First Appellate Court in the orders dated 03.09.2022 and 19.11.2022, respectively. ( AJIT B. KADETHANKAR, J. ) GGP