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2025 DAILYLAW 5437 (BOM)

FATIMA BEE SHAIKH HUSSAN DIED THROUGH LRS SHAIKH HAMAD SHAIKH HASSAN v. KHATEJA ALIAS BIBI SK HASAN SHAIKH ABDULLAH DIED THROU LRS SHAIKH MOHAMMAD HASAN BAJUMA AND OTHERS

WP/1531/2024 · 2025-07-09

Shri Rohit W Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

904-wp-1531-2024.odt -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 904 WRIT PETITION NO. 1531 OF 2024 Fatima Bee Shaikh Hussan Died Through Lrs Shaikh Hamad Shaikh Hassan VERSUS Khateja Alias w/oBibi Sk Hasan D/o Shaikh Abdullah (Died Through Lrs) Shaikh Mohammad Hasan Bajuma And Others ... Mr. Virendar V. Jahagirdar, Advocate for the Petitioner … CORAM : ROHIT W. JOSHI, J. DATED : 9th JULY 2025 PER COURT :- 1. The learned Counsel for the petitioner states that respondent nos.4, 5 and 9 are legal representatives of original plaintiff. He states that even after their names being brought on record before the learned Trial Court they have not engaged any Advocate to represent them before the learned Trial Court are also not contesting the matter in person. He therefore, seeks leave to delete the names of respondent nos.4, 5 and 9 from the array of parties in the present petition. 2. Deletion is permitted at the risk of the petitioner. Amendment to be carried out forthwith. 3. This petition takes exception to order dated 24.11.2023 by which the learned Trial Court has directed both sides not to not create any third party interest in the suit property till adjudication of Narwade 2025:BHC-AUG:18292 904-wp-1531-2024.odt -2- application for grant of temporary injunction filed vide Exhibit-5. 4. The learned Counsel for the petitioner informs that the application for grant of temporary injunction is still pending. He submits that the purpose for filing the petition will be served if directions are issued to learned Trial Court to decide the said application within a stipulated period. 5. Respondents though served have not entered appearance in the matter, however, prayer made now is an innocuous prayer and does not adversely affect rights of the parties. The prayer appears to be just and reasonable since the application for grant of temporary injunction is pending since the year 2018. 6. In view of the above, the petition is disposed of finally by directing the learned Trial Court to decide the application for grant of temporary injunction at Exhibit-5 on or before 30.09.2025. [ROHIT W. JOSHI, J.] Narwade