1 931.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12077 OF 2026 ASHOK GOVINDRAO DAWARGAVE VERSUS GANESH MADHAVRAO THETE AND OTHERS ... Advocate for Petitioner : Mr. Deshpande Gaurav L. AGP for Respondent/s – State : Ms. Vaishali Chaudhari … CORAM : MANJUSHA DESHPANDE, J. DATE : 09th SEPTEMBER, 2026 PER COURT : 1. The Petitioner in this Writ Petition is challenging the order dated 15.09.2025, passed below Exhibit 29 granting the order of status quo and the order dated 11.02.2026, passed below Exhibit 63 rejecting the Petitioner's Application for continuing the order of status quo. 2. These prayers of the Petitioner are made on the background of the fact that the Application filed by the Petitioner for making available a road to approach the main road from survey nos. 131 and 132, under Section 143 of the Maharashtra Land Revenue Code, was allowed by the Tahsildar, Nilanga, vide order dated 17.07.2025. The order has been passed for making available road of 8.25 feet from the bandh of survey no. 131 and 132. This order of Tahsildar was subjected to 2026:BHC-AUG:42142 2 931.odt challenge by the Respondent nos. 1 and 2, by filing a suit before the Civil Judge, Senior Division, Nilanga, in Regular Civil Suit no. 65/2025. 3. It is submitted that Respondent nos. 1 and 2, have filed an Application for maintaining status quo, in respect of the order passed by the Tahsildar granting road in favour of the Petitioner which came to be allowed on 15.09.2025 by the Joint Civil Judge, Senior Division, Nilanga, in Application below Exhibit 29. It is submitted that the Petitioner has filed an Application for vacating the status quo order granted on 15.09.2025, by filing an Application Exhibit 63 which has been rejected vide order dated 11.02.2026. 4. Learned Advocate for the Petitioner submits that Exhibit 5 has not been heard on its merits till date. The status quo order has been continued from time to time. Learned Civil Judge, Senior Division, Nilanga, has recorded that all the Defendants have appeared in the matter and all the parties are ready to argue Exhibit 5. It is also recorded that the Plaintiffs are ready to argue the matter. Hence, there is no need to set aside the status quo order passed below Exhibit 29. 5. It is submitted that in spite of this order at 11.02.2026, till date there is no hearing on Exhibit 5, and on one or the other pretext the matter has been adjourned from time to time. Therefore, although he has challenged the orders passed below Exhibit 29 and Exhibit 63, it would 3 931.odt suffice if the trial Court is directed to hear the Exhibit 5 Application and decide it within a stipulated period. 6. Considering that all the Defendants are appearing in the suit as observed by the trial Court, in my opinion, even without issuing notice to the parties in the present Writ Petition, no prejudice would be caused to any of the parties, if directions are issued to the Joint Civil Judge, Senior Division, Nilanga, to hear and decide the Application. Hence, I pass the following order : ORDER i. The Application below Exhibit 5 Application in RCS no. 65/2025, shall be heard by the learned Joint Civil Judge, Senior Division, Nilanga, as early as possible he should make an endeavor to decide the same within a period of three weeks. ii. In the aforementioned directions, the Writ Petition stands disposed of. ( MANJUSHA DESHPANDE, J. ) SPC