Vijaykumar Ishwara Shinde v. Maruti Ramchandra Bhendavdekar and Ors.

Bombay HC8 Dec 2025WP/11018/2023

Case brief

AI extract

What is this about?

temporary injunction; Exhibit 5 application; Regular Civil Suit No.111 of 2021; Miscellaneous Civil Appeal No.193 of 2021; District Judge Kolhapur; Regular Civil Suit No.758 of 2012 decree; consequential sale deed; declaration suit; alienation restraint; obstruction of possession; expeditious disposal of suit; continuation of interim order; Writ Petition No.11018 of 2023; Bombay High Court Circuit Bench Kolhapur; S. G. Chapalgaonkar

What did the court decide?

Writ petition disposed of; trial Court directed to decide the suit expeditiously and in any case before 30th April 2026; parties to cooperate without unnecessary adjournments; interim order dated 7th November 2023 of this Court to govern proceedings till disposal of suit; order passed without adjudicating merits and trial Court not to be influenced thereby ¶¶31

Vijaykumar Ishwara Shinde Vs Maruti Ramchandra Bhendavdekar and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶31

Issue for consideration

Whether interference with the District Judge's order in Miscellaneous Civil Appeal No.193 of 2021 was warranted on merits, or whether the writ petition should be disposed of by directing expeditious disposal of the suit while continuing interim protection, without prejudice to the parties' contentions

¶¶28

Court's answer

The Court disposed of the writ petition without entering into merits, directing the trial Court to decide the suit expeditiously, and in any case before 30th April 2026, with parties to cooperate without unnecessary adjournments

¶¶32

Ratio / Principle

The interim order dated 7th November 2023 passed by this Court (staying the Appellate Court's order) shall continue to govern the proceedings till disposal of the suit, without prejudice to the parties' contentions on merits

¶¶28

Key takeaways

The order was passed without adjudicating the parties' contentions on merits, and the trial Court shall not be influenced by any observations or interim orders passed by this Court in the present writ petitionratio¶¶39

Detailed headnote1 paragraphs

Interim injunction – Suit for declaration that decree in Regular Civil Suit No.758 of 2012 and consequential sale deed is not binding on plaintiff, with injunction – Trial Court partly allowed application Exhibit 5, restraining alienation/third-party interest but rejecting restraint on obstruction of possession – District Judge, Kolhapur in Miscellaneous Civil Appeal No.193 of 2021 modified the order, restraining defendants from obstructing plaintiff's possession and from alienating suit property till final disposal – Writ Petition No.11018 of 2023 disposed of by Single Judge without adjudicating merits; suit (plaintiff's evidence already recorded, defendants' evidence stage) directed to be decided expeditiously, in any case before 30th April 2026 – Interim order dated 7th November 2023 (stay of appellate order) to operate till disposal – Trial Court directed not to be influenced by observations or interim orders passed in the writ petition.

¶1

31-wp-11018-2023.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CIRCUIT BENCH AT KOLHAPUR

¶4

CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO.11018 OF 2023

¶6

Vijaykumar Ishwara Shinde …..Petitioner Vs.

¶7

Maruti Ramchandra Bhendavdekar & Ors. …..Respondents

¶8

Mr. Shailesh Chavan with Mr. Vijaysinh More & Ms. Sampada Patil, for the Petitioner

¶9

Mr. Prajakt M. Arjunwadkar with Mr. Dhananjay A. Utture, for the Respondent No.1.

¶10

CORAM : S. G. CHAPALGAONKAR, J. DATED : 8^th DECEMBER 2025

¶11

P.C.:-

¶12

Heard learned Advocates appearing for respective parties.

¶13

The Appellant/original defendant No.1 in Regular Civil Suit No.111 of 2021 pending before learned Joint Civil Judge, Junior Division, Kolhapur has impugned Judgment and Order passed by

¶14

learned District Judge, Kolhapur in Miscellaneous Civil Appeal No.193 of 2021, whereby application Exhibit 5 filed by Respondent

¶15

No.1/plaintiff is partly allowed and defendants are restrained from

¶16

obstructing plaintiffs’ possession over suit property and from alienating suit property till final decision of suit.

1/4

Gaikwad RD

31-wp-11018-2023.doc

It appears that Respondent No.1/plaintiff instituted suit

¶21

seeking a declaration that decree passed in Regular Civil Suit No.758 of 2012 and consequential sale deed is not binding upon rights of plaintiff and also sought injunction against defendants from obstructing plaintiff’s possession over suit property. In said suit, plaintiff filed an application below Exhibit 5 seeking injunction against defendants. The trial Court partly allowed said application and restrained defendants from alienating or creating third party interest over suit property. However, relief of temporary injunction to restrain defendants from obstructing his possession was rejected.

¶22

The aggrieved plaintiff then filed Miscellaneous Civil Appeal before District Judge at Kolhapur, who modified order passed by trial Court and restrained defendants from causing obstruction to plaintiff’s possession over suit property as well as from alienating suit property till final disposal of suit.

¶23

In present Writ Petition, this Court on 7^th November 2023 issued notices to Respondents and stayed operation and implementation of order dated 7^th November 2022 passed by Appellate Court.

2/4

Gaikwad RD

31-wp-11018-2023.doc

The learned counsels appearing for respective parties have advanced submissions on merits and also pointed out that now suit is substantially progressed, evidence of plaintiff is already recorded and matter is at the stage of recording evidence of defendants.

¶28

In that view of matter, instead of delving into merits of contentions, it would be appropriate in interest of justice to direct expeditious disposal of suit and continue interim relief granted by this Court vide order dated 7^th November 2023, without prejudice to contentions of parties on merits of matter.

¶29

In result, following order is passed:

¶30

ORDER

¶31

i) The Writ Petition stands disposed of.

¶32

ii) The trial Court shall expeditiously decide suit and in any case, before 30^th April 2026.

¶33

iii) Parties to cooperative for early disposal, without seeking unnecessary adjournments.

3/4

Gaikwad RD

31-wp-11018-2023.doc

iv) Till disposal of suit, interim order dated 7^th November 2023

¶38

passed by this Court shall govern the proceeding.

¶39

v) It is made clear that aforesaid order is passed without adjudicating contentions of parties on merits of matter and trial Court shall not be influenced by any observations or interim order passed by this Court in present Writ Petition.

¶40

(S. G. CHAPALGAONKAR, J.)

¶41

Digitally signed by RAJU RAJU DATTATRAYA DATTATRAYA GAIKWAD GAIKWAD Date: 2025.12.09 19:15:44 +0530

¶42

4/4

¶43

Gaikwad RD

Vijaykumar Ishwara Shinde v. Maruti Ramchandra Bhendavdekar and Ors.

Case brief

What is this about?

What did the court decide?

Vijaykumar Ishwara Shinde v. Maruti Ramchandra Bhendavdekar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anil Ganjidhar Pawar vs Satish Atramam Patil and Others

Jagannath Sadashiv Patil and Ors. Vs the State of Maharashtra Thr. Ld. Director, Town Planning and Anr.

Louis S Fernandes Dec Thr Lr Paskin Louis Fernandes Vs Ramesh Nagesh Bhat and Ors.

Bhaskar Govind Lohakare vs the State of Maharashtra and Others

Sou. Vimal Ramchandra Mohite and Ors. Vs Smt. Shakuntala Baburao Jadhav and Anr.

Dashrath Anna Anuse (Died through His Legal Heirs) and Ors. Vs Rakhamabai Anna Anuse and Ors.