Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 10064 (BOM)

NAGO GOVINDA BARI v. VITTHAL KISAN KHALSE AND OTHERS

WP/5581/2024 · 2025-08-14

Shri Rohit W Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 949wp5581.24 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 949 WRIT PETITION NO. 5581 OF 2024 NAGO GOVINDA BARI VERSUS VITTHAL KISAN KHALSE AND OTHERS ... Advocate for the Petitioner : Mr. Anand I. Deshmukh Advocate for Respondent Nos. 1 to 4 : Mr. Sushilkumar H. Tripathi ... CORAM : ROHIT W. JOSHI, J. DATE : 14.08.2025. PER COURT : 1. In view of judgment dated 04.08.2025, passed in Writ Petition No.5074 of 2022 (Vimal w/o Bhausaheb Nebde Vs. Sub Divisional Officer & Ors.) and other connected matters, present Writ Petition stands disposed of with liberty to the petitioners to avail alternate remedy of filing Civil Suit. 2. The petitioners may challenge the impugned orders in the said Civil Suit and/or seek adjudication of the controversy forming subject matter of the dispute on merits. It is also made clear that even order of temporary injunction passed by Civil Court prevails over orders passed by authorities under the provisions of the Mamlatdars’ Courts 2 949wp5581.24 Act, 1906 and as such it will be open for the petitioners to file an application for temporary injunction as well. 3. Interim relief, if any, granted is continued up to 15.10.2025. Needless to mention that the Court will decide the application for grant of temporary injunction, as also prayer for ad- interim order, on its own merits. 4. Period spent in prosecution of the present Writ Petition shall be excluded for computation of limitation in view of Section 14 of the Limitation Act, 1963. ( ROHIT W. JOSHI ) JUDGE mahajansb/