Disposed

Smt. Chindhibai W/O Motiram Bimele v. Duliram S/O Sakharam Birkhede and Anr.

Bombay HC14 Dec 2012WP/2443/2012

Case brief

AI extract

What is this about?

A writ petition challenging a refusal of interim injunction in a civil appeal was disposed of. The court directed the first appellate court to decide the pending appeal within six weeks after parties' appearance, noting judicial inaction earlier in the proceedings.

What did the court decide?

The petitioner undertakes to appear on 20.12.2012; accordingly, no personal notice will be issued.

Smt. Chindhibai W/O Motiram Bimele Vs Duliram S/O… — Specific Performance | Bombay HC (2012)

¶1

WP2443-12

¶2

¶3

FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

¶4

WRIT PETITION NO. 2443/2012

¶5

(CHINDHIBAI M. BIMELE VERSUS DULIRAM S. BIRKHEDE & ANOTHER)

¶6

¶7

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directiojns and Registrar's orders

¶8

Court's or Judge's orders

¶9

- - - - Shri H.I. Kothari, counsel for the petitioner.

¶10

CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 14, 2012.

¶11

By this petition, the petitioner impugns an order passed by the first appellate Court on 04.05.2012 rejecting an application filed by the petitioner for grant of interim temporary injunction during the pendency of the miscellaneous civil appeal.

¶12

The petitioner had filed a suit for permanent injunction against the respondents. During the pendency of the suit, the petitioner had filed an application for temporary injunction restraining the respondents from making construction on the suit property and also from alienating and creating third party interest therein. The said application was rejected by the trial Court by the order dated 22.02.2012. Since the injunction application was rejected, the petitioner filed Miscellaneous Civil Appeal No.55/2012. During the pendency of the miscellaneous civil appeal, a separate application was filed by the petitioner for grant of temporary injunction during the pendency of the miscellaneous civil appeal. However, the said application was rejected by the impugned order dated 04.05.2012. The petitioner is approaching this Court against an interlocutory order passed in a miscellaneous civil appeal filed against an order rejecting the temporary injunction application.

¶13

WP2443-12

¶14

¶15

It appears from the order-sheet that though this Court issued notice of final disposal to the respondents by an order dated 11.05.2012, no interim relief was granted in favour of the petitioner. Thereafter, when the matter was listed on 23.07.2012, none appeared on behalf of the parties. Hence, instead of deciding this petition on merits, it would be necessary in the interest of justice to direct the first appellate Court to decide the Miscellaneous Civil Appeal No.55/2012 within a time frame. Even otherwise, no injunction was operating in favour of the petitioner since January-2012. No interim order is passed in this petition also though the petition is filed on 09.05.2012.

¶16

Hence, the writ petition is disposed of with a direction to the first appellate Court to decide Miscellaneous Civil Appeal No.55/2012 as early as possible and positively within a period of six weeks from the date of appearance of the parties before the first appellate Court. The petitioner undertakes to appear before the first appellate Court on 20.12.2012 so that issuance of notice to the petitioner could be dispensed with. There would be no order as to costs.

¶17

JUDGE

¶18

APTE

Smt. Chindhibai W/O Motiram Bimele v. Duliram S/O Sakharam Birkhede and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Chindhibai W/O Motiram Bimele v. Duliram S/O Sakharam Birkhede and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sunil S/O Sitaram Aghadate Vs Additional Collector, Akola and 3 Others

Arvind Laxman Wandrekar Vs Divisional Commissioner, Amravati and 2 Ors.

Sunil S/O Haribhau Bhetalu Vs Agriculture Produce Market Committee, through Its Chairman / Secretary

The Amravati Distt. Central Co-Op. Bank Ltd. Thr. Manager/President Amravati Vs Rameshwar Natthuji Garode and Oths

Ramesh Gopal Chaudhari Vs Arjun S/O Prabhakar Narkhede and Ors.

Kashinath Tanbaji Hadke Vs Presiding Officer, Labour Court and Another