: 1 : 5380-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5380 OF 2011 Sou. Sulbha Madhavrao Shirke .. Petitioner v/s. Mr. Baurao Sadashiv Vare .. Respondent ......... Mr. A.G. Damle for the petitioner Mr. K.B. Sonwalkar for the respondent ......... CORAM : R.Y.GANOO, J DATE : 23rd SEPTEMBER,2011. P.C. : 1. Rule. Rule is made returnable forthwith. By consent, taken up for final hearing as advocate for respondent waives service of notice. 2. The respondent herein had filed the suit being R.C. Suit No.97 of 2010 in the Court of Civil Judge, Junior Division, Wai, Dist. Satara for the relief that the petitioner herein should not interfere with peaceful occupation and possession of the suit premises. The respondent had filed an application below Exh.5 as and by way of application for interim relief. : 2 : 5380-11-wp=.sxw That application at Exh.5 was rejected by order dated 18th December, 2010 by the learned Civil Judge, Junior Division, Wai. Against this order dated 18th December, 2010, the respondent has filed Misc. Civil Appeal in the District Court being Misc. Civil Appeal No. 1 of 2011. That appeal came to be allowed by order dated 27th June, 2011 and order of injunction sought by the respondent was granted. Against order dated 27th June, 2011, the petitioner herein has approached this Court so as to challenge the said order. As the matter was taken up for hearing, learned advocate for the petitioner informed the Court that the petitioner has installed her lock to the suit flat. Similar, statement was made by the learned advocate for the respondent that respondent has put his own lock. Both the statements are accepted as are made across the bar and upon instructions from the respective clients. 3. The aforesaid situation will indicate that today the suit premises are locked and the lock of the respective side is put in, which means the suit premises is not being enjoyed by any of the party, to this petition. It is noticed that the respondent had filed the aforesaid suit so as to protect his possession. In a situation like this, the best solution will be to direct the officer of the learned Civil Judge, Junior Division, Wai to visit the said flat : 3 : 5380-11-wp=.sxw by giving notice to the respective sides and put his own seal on the two locks, which are presently said to be put to the suit premises so that premises would go in the custody of the Court so that they stand protected from third parties. In addition to the aforesaid arrangement, if the suit is disposed of at an early date that would help the parties to know as to which party is in possession of the suit premises and the party who will be successful in making out its case, can apply to get the possession of the suit premises by de-sealing the premises. In my view, the aforesaid arrangement would meet the ends of justice. The petition is, therefore, disposed of by passing following order. ORDER (i) The learned Civil Judge, Junior Division, Wai attending to the aforesaid R.C. Suit No.97 of 2010 shall depute a responsible Officer from his Court to visit the suit flat. The said officer shall give notice to his visit to learned advocates appearing on behalf of the petitioner as well as respondent in the trial Court. The petitioner as well as the respondent after such notice, shall remain present at suit site and in presence of parties, who will be present at the said time and date, the said officer shall affix his seal to both the locks and keep : 4 : 5380-11-wp=.sxw the premises in the possession of the Court. (ii) The said officer shall draft a suitable notice and paste the said notice on the conspicuous portion of the suit flat, where the people would be able to know about that said suit premises are locked by the Court and the suit premises are in possession of the Court. (iii) The learned Civil Judge, Junior Division, Wai is hereby directed to dispose of the suit as expeditiously as possible and preferably by 30th April, 2012. The learned Civil Judge, Junior Division, Wai shall at the time of disposal of the suit pass appropriate orders as to whom the possession should be handed over by removal of seal of the Court and the two locks. (iv) The learned Civil Judge, Junior Division, Wai shall depute an officer on production of authenticated copy of this order. The said officer shall visit the suit premises as expeditiously as possible. (v) There shall be no order as to costs. (R.Y.GANOO, J.)