1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2938 OF 2009 The State of Maharashtra and ors. ....Petitioner. Versus Jeevansingh s/o. Kanhyasingh Ramgadiya ....Respondent. Shri. K.M. Suryawanshi, A.G.P. for petitioners. CORAM : R.K. DESHPANDE, J. DATE : 20th July, 2010. PER COURT : 1. This writ petition challenges the order dated 3.7.2008 passed by the Ad-hoc District Judge-2, Nanded in M.C.A.No. 74/2004. By this order the parties are directed to maintain statusquo pending the decision of the Regular Civil Suit No. 260/2004. The appeal filed by the respondent has been allowed. 2. Notice for final disposal of the matter is issued on 6.5.2009. However, in spite of service of notice, none appear for the respondent. The matter is heard finally. 3. The respondent is original plaintiff and had filed Regular Civil Suit 2 No. 260/2004 for grant of perpetual injunction, restraining the defendants from interfering and obstructing the peaceful possession and enjoyment of the plaintiff and his tenant over the suit property. Further, an injunction is also claimed against the petitioners/defendants, not to cause any damage or to remove any portion of the shops and construction of a building of the plaintiff over the property out of Survey No. 91/2 of Nanded. Along with the suit, the plaintiff also filed an application for temporary injunction. The Trial Court rejected the application for temporary injunction, against which Misc. Civil Appeal No. 74/2004 was preferred by the plaintiff. The Appellate Court partly allowed the said appeal and directed the parties in appeal to maintain the statusquo during the pendency of Regular Civil Suit No. 260/2004. The order was passed on 3.7.2008 and till this date, there is no interim order passed in this writ petition, although it was filed on 16.3.2009. In view of this, this petition can be disposed of by giving directions to the Trial Court to decide the Regular Civil Suit No. 260/2004 within a stipulated period and the statusquo order passed on 3.7.2008 by the Ad-hoc District Judge, Nanded in M.C.A.No. 74/2004 shall continue pending the decision of the suit. 4. The petitioners/defendants have also raised the question in respect of the jurisdiction of the Civil Court to entertain, try and decide the Civil Suit, as according to them, the matter is covered by Bombay High Ways Act, 1955, wherein a specific remedy is provided for and the 3 jurisdiction of the Civil Court is ousted. If this is the position, it will be open for the Trial Court to frame an preliminary issue in respect of jurisdiction of the Civil Court and decide the same. The Trial Court may also dispose of the suit within a period of six months from the date of receipt of writ from this Court. 5. With the aforesaid observations, the present writ petition is dismissed. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp2938.09