Dattatray Dashrath Das v. Mahavir Gopinath Das Since Decd. Thr. Lrs. and Anr.
Case brief
What is this about?
Bombay High Court, Writ Petition No.10092 of 2024, decided 17 March 2025 by N.J. Jamadar, J. (neutral citation 2025:BHC-AS:12394). Consent-based disposal of a writ challenge to the District Judge's order dated 25 April 2024 in Misc. Civil Appeal No.72 of 2021, which reversed the Civil Judge's interim injunction of 23 October 2021 protecting the Plaintiff's possession of 46R out of Gat No.285/2. Operative terms: no construction by Defendant No.2 in the suit premises; mutual status quo till final disposal of suit RCS No.989 of 2020; trial court urged to decide the suit expeditiously on merits. No statutes or precedents discussed; no monetary quantum involved.
What did the court decide?
Consensual interim arrangement till final disposal of the suit: (i) Defendant No.2 not to carry out construction in the suit premises; (ii) parties to maintain status quo as it obtains today; and a request to the learned Civil Judge seized of RCS No.989 of 2020 to decide the suit expeditiously on its own merits, uninfluenced by the temporary-injunction and appellate orders.