Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 17851 (BOM)

TUKARAM LAKSIMAN GAPAT v. SANJEEV ALIAS KAKASAHEB SAHEBRAO SHELKE AND OTHERS

WP/5935/2022 · 2025-08-07

Shri Rohit W Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 942-wp-5935-2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD 942 WRIT PETITION NO. 5935 OF 2022 Tukaram s/o Laksiman Gapat Age : 61 years, Occu. Agri, R/o: Borda, Tal: Kallamb, District : Osmanabad …Petitioner VERSUS 1. Sanjeev @ Kakasaheb Sahebrao Shelke Age : 51 Years, Occu. Agri, R/o : Borda, Tal : Kallamb, District : Osmanabad. 2. Sahu s/o Sahebrao Shelke, Age : 61 years, Occu. Agri, R/o: Borda, Tal : Kallamb, District : Osmanabad 3. Vikas s/o Sahebrao Shelke, Age : 55 years, Occu. Agri, R/o. : Borda, Tal : Kallamb, District : Osmanbad …Respondents ... Mr. Shivprasad G. Jadhavar, Advocate for the Petitioner Mr.Pandurang V. Shinde h/f. Mr.S. G. Kawade, Advocate for Respondent No.1. ... CORAM : ROHIT W. JOSHI, J. DATE : 7th AUGUST, 2025 ORAL JUDGMENT : 1. The present petition takes exception to order dated 16.03.2022 passed by the learned 2nd Joint Civil Judge, Junior Division on application at ‘Exhibit-30’ in Regular Civil Suit No.578 of 2021 refusing to grant police aid to the petitioner/plaintiff for making construction over the suit property. Narwade/ 2025:BHC-AUG:22216 2 942-wp-5935-2022.odt 2. The application for grant of temporary injunction filed by the petitioner/plaintiff was allowed on 29.11.2021. The contention of the petitioner is that he lodged a complaint with the police station on 16.12.2021 alleging obstruction to the construction activities undertaken by him at the suit plot which application came to be rejected on 16.03.2022. A period of around 3 years and 5 months has lapsed since then. At this stage, on the basis of facts as were allegedly existing as on 16.12.2021, it will not be appropriate to grant police aid to the petitioner. 3. In view of the above, the impugned order does not call for any interference. The suit is filed on 02.08.2021. A period of four years has lapsed since then, in such circumstances I deem it appropriate to favourably consider the request of the learned Counsel for the petitioner for issuing directions for expeditious disposal of the suit. 4. The learned Trial Court is directed to decide the suit as expeditiously as possible and in any case on or before 31.07.2026. 5. Writ Petition is disposed of accordingly. [ROHIT W. JOSHI J.] Narwade/