Disposed

Kacharu Vitthal Kale Died Thr His Lrs Gayabai Kacharu Kale and Others v. the State of Maharashtra and Others

Bombay HC3 Feb 2026WP/1143/2026

Case brief

AI extract

What is this about?

The Bombay High Court, while disposing of a writ petition challenging the rejection of an injunction application in a civil suit concerning a road, directed the Civil Judge to decide the suit within nine months instead of adjudicating on merits.

What did the court decide?

Directed the Civil Judge to decide the suit within nine months from the date of the order and issued necessary costs/necessary directions.

Kacharu Vitthal Kale Died Thr His Lrs Gayabai… — Civil Procedure and Limitation | Bombay HC (2026)

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954-wp-1143-2026.odt

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(1)

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2026:BHC-AUG:4818

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1143 OF 2026

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KACHARU VITTHAL KALE DIED THR HIS LRS GAYABAI KACHARU KALE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Amol N. Kakade h/f Mr. Ganesh P. Darandale, Advocate for the Petitioners.

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Mr. K. N. Lokhande, AGP for Respondents-State.

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CORAM : S. G. CHAPALGAONKAR, J. DATED : 03^rd FEBRUARY, 2026.

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P.C.:-

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The present Writ Petition takes exception to order dated 19.12.2025 passed by District Judge, Newasa in Miscellaneous Civil Appeal No.20/2024, thereby upholding order dated 16.08.2024 passed below Exhibit-37 by Civil Judge Senior Division, Newasa in Regular Civil Suit No.456/2018, by which petitioners’ application for grant of injunction has been rejected.

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The petitioners instituted Regular Civil Suit No.456/2018 before Civil Judge Senior Division, Newasa seeking relief of declaration that there was no existing road, as has been granted by order dated 09.01.2023 passed in Rasta Case No.57/2016. The petitioners also filed application for grant of temporary injunction during pendency of suit. The said application is rejected. In Appeal filed by petitioners, District Judge pleased to uphold order of Trial Court.

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954-wp-1143-2026.odt

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(2)

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At this stage, Mr. Kakade, learned Advocate appearing for petitioners, on instructions, submits that now suit is posted for recording of evidence.

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In that view of matter, instead of entering into merits of contentions, present Writ Petition can be disposed of by directing Trial Court to expeditiously decide suit. Hence, following order is passed:-

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ORDER

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a. Writ Petition stands disposed of.

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b. The Civil Judge Senior Division, Newasa shall endeavour to decide suit within period of nine months from today.

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c. Parties to co-operate.

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(S. G. CHAPALGAONKAR) JUDGE

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Devendra/February-2026

Kacharu Vitthal Kale Died Thr His Lrs Gayabai Kacharu Kale and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Kacharu Vitthal Kale Died Thr His Lrs Gayabai Kacharu Kale and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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