Neeta Sawant 32-WP-9203-2015.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9203 OF 2015 M/s. Mangalmurti Builders and Developers Through its Proprietor Shri. Balkrishna D. Bhagwat …..Petitioner : Versus : Shri. Kesarinath Dharma Patil and Ors. ….Respondents None for the Petitioner. CORAM : SANDEEP V. MARNE, J. DATED : 4 NOVEMBER 2025. P.C : 1) None appears for the Petitioner. The petition challenges the judgment and decree dated 17 April 2015 passed in Misc. Civil Appeal No. 106 of 2014 in which order dated 26 April 2014 passed by the Trial Court on application at Exhibit-5 in Regular Civil Suit No. 314/2014 was under challenge. By that order, the Trial Court had allowed the application at Exhibit-5 and granted temporary injunction against the Petitioner/Defendant No.1 from creating any third party rights or to handover possession of the suit property or to carry out any construction there at. The injunction is thus operational since 26 April 2014 and by now period of 10 long years has passed. There is no interim order passed in favour of the Petitioner in the present petition. In that view of the _____________________________________________________________________________ PAGE NO. 1 of 2 TUESDAY, 4 NOVEMBER 2025 Neeta Sawant 32-WP-9203-2015.docx matter, it would be appropriate that Regular Civil Suit No. 314/2014 is decided on merits rather than examining the correctness of order passed by the District Court and the Trial Court. The Writ Petition is accordingly disposed off. 2) Needless to observe that the suit shall be decided without being influenced by any of the observations made by the Trial Court while deciding the application at Exhibit-5 or by the District Court. [SANDEEP V. MARNE, J.] _____________________________________________________________________________ PAGE NO. 2 of 2 TUESDAY, 4 NOVEMBER 2025 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2025.11.06 14:49:32 +0530