1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5786/2006 Nilkanth Ramchandra Lahore and ors. ..vs.. Sandip Krushnaji Waghmare and Ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 17 th March, 2008 1. Heard Mr. Agnihotri, learned counsel for the petitioners and Mr. Vora, learned counsel for respondent No.1. The learned counsel for the respective parties make statement that respondent Nos. 2 and 4 are the formal parties. 2. The petition pertains to the temporary injunction proceeding. The dispute is about Field Survey No. 122 situated at Mouja Talki (Khode). There is no dispute that the original owner of this property is Janabai and Shashikala Panalkar. The petitioner as well as respondent No. 1 claimed that they have purchased this property. The petitioner filed Regular Civil Suit No. 152/2006 for declaration, mandatory and permanent injunction. Respondent No. 1 filed Civil Suit 2 No. 142/2006 for mandatory injunction against the petitioners. The petitioner as well as respondent No. 1 preferred separate applications for temporary injunction. The trial Court disposed of these applications on 22.06.2006 thereby the petitioners' application for temporary injunction was allowed and that of the respondent No. 1 came to be dismissed. Respondent No. 1 thereafter preferred two separate appeals being Miscellaneous Civil Appeal No. 30/2006 and 32/2006 before District Judge at Wardha. Both the appeals came to be allowed by common order, thereby the application filed at Exh.-5 in Regular Civil Suit No. 142/2006 by respondent No. 1 came to be allowed and the application filed at Exh.-4 by the petitioner in his suit namely Regular Civil suit No. 152/2006 came to be rejected. The above common order is challenged by filing the present writ petition. 3. The impugned order was passed on 14.11.2006 and thereafter in the Writ Petition status quo was granted on 3 22.11.2006. The learned counsel for the respective parties agree that the petition can be disposed of without going into the merits by directing the trial Court to dispose of the suit filed by the petitioner and respondent No. 1 expeditiously and in the meanwhile directing the parties to maintain status quo regarding the suit property, as on today. 4. In view of the above agreement, I dispose of the petition by passing the following order:- (i) The trial Court namely 3rd Jt. Civil Judge Senior Division, Wardha is directed to hear and dispose of Regular Civil Suit Nos. 142 and 152/2006 filed by respondent No.1 and the petitioner respectively as expeditiously as possible and in any event within a period of one your from the date of receipt of this order. (ii) The petitioner and respondent No. 1 agree that they shall maintain status quo as on today in respect of the suit property namely Field Survey No. 122 situated at mouza Takli. 4 (iii) The learned counsel for the respective parties agree that they will cooperate the trial Court for early disposal of suits and they will not seek unnecessary adjournments. (iv) The trial Court shall dispose of the suit independently on its own merits and without being influenced by the order impugned in the present petition. JUDGE kahale