1 WP / 3422 / 2017 \ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 WRIT PETITION NO. 3422 OF 2017 RAJESH GOVARDHAN ANDHARE AND OTHERS VERSUS VISHWANATH SADASHIV TODKARI AND OTHERS ... Advocate for petitioner : Mr. Sunil M. Vibhute AGP for the respondent – State : Mr. D.R. Korde Advocate for respondent no.1 - caveator : Mr. N.B. Jadhav ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17 JANUARY 2026 PER COURT : Heard learned counsel for the respective parties. 2. By way of present petition, the petitioners are challenging the order dated 20.08.2016 passed below Exhibit – 32 by 3rd Joint Civil Judge Senior Division, Osmanabad in RCS No. 579 of 2014, whereby the application filed by the petitioners under section 10 of the CPC, came to be rejected. 3. Without going into the controversy involved in the present petition, both the counsel submit that the RCS 579 of 2014 (now converted as SCS no. 64 of 2023), is pending before the Civil Judge Senior Division, Osmanabad and it is for the Civil Court to decide the inter se rights of the parties. 2026:BHC-AUG:1830 2 WP / 3422 / 2017 4. Therefore, the present petition is disposed of by directing the learned trial Court to decide the Special Civil Suit no. 64 of 2023 on its own merits. [ SIDDHESHWAR S. THOMBRE ] JUDGE arp/