1 wp 8034.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8034 OF 2011 Kisan Mangalsing Chaudhari .. Petitioner Versus Kamlakar Chandrabhan Chaudhari and others .. Respondents Shri V. I. Thole, Advocate for the Petitioner. Shri A. I. Deshmukh, Advocate for the Respondent No. 1. Shri S. B. Yawalkar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH DECEMBER, 2011. PER COURT : . The present petitioner is the original plaintiff who has filed suit for injunction restraining the present respondents from using the land of the petitioner as a suit way. Along with the suit the petitioner also filed an application for temporary injunction. The Trial Court allowed the application for temporary injunction. Aggrieved thereby respondents filed appeal before the District Court. The District Court allowed the appeal and rejected the application Exhibit 06. Aggrieved thereby the plaintiff has filed 2 wp 8034.11 the present petition. 2. Heard Shri Thole, the learned counsel for the petitioner and Shri Deshmukh and Shri Yawalkar, the learned counsel for respondents. 3. The dispute pertains to the right of the present respondents to use the portion of the land as a way. There are rival contentions in this regard. The plaintiff relies on the village map, whereas the respondents rely on the commissioner’s report to substantiate their contentions. According to respondents, even the plaintiff in his reply to the counter claim has accepted the way as contended. On the contrary Mr. Thole, the learned counsel for the petitioner submits that in say to the counter claim the plaintiff has stated that there is a way from a hill. 4. The rival contentions between the parties can be adjudicated after the evidence is led by both the parties. It would be inappropriate to come to definite finding at this stage. 5. It would be appropriate to direct the Trial Court to decide 3 wp 8034.11 the suit expeditiously. The pleadings are complete. In the light of that the Trial Court shall decide the suit as expeditiously as possible and preferably within a period of six (6) months from today. 6. Till the disposal of suit the parties shall maintain the status quo in respect of the suit area claimed by respondents as a way and claimed by the plaintiff as a part of his land. The writ petition is accordingly disposed of. No costs. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11