IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

912 WRIT PETITION NO.4263 OF 2017

ABDUL RAHEMAN NASER AHMED CHOUDHARI AND OTHERS

VERSUS

PRAMOD RAMKRISHNA AMBURE AND OTHERS

...

Advocate for Petitioners : Mr. V.D. Salunke

AGP for Respondent/State : Mr. P.G. Borade

Advocate for Respondents 1 to 3 : Mr. S.N. Lale Yelwatkar

...

CORAM : SMT. BHARATI H. DANGRE, J.

DATED : 23/02/2022

PER COURT :

1.

The petitioner who is original defendant has approached

this Court by assailing the order dated 30.11.2016 passed in Misc.

Civil Appeal No. 70/2016 under which the appeal filed by the

petitioner is dismissed and the interim statusquo order which was in

operation stood vacated.

2.

Being aggrieved by the aforesaid order the petitioner

approached this Court by filing this writ petition. On 5^th April 2017

this Court had directed that the tin shed erected by the petitioner shall

not be removed. This position continues till today. The learned counsel

for the petitioner is perfectly justified in submitting that now in 2022,

the period of more than five years has been lapsed, the position of

statusquo is continued as directed by this Court, in the circumstances,

WP No.4263/17

2

it would be in the interest of both the parties that R.C.S. No. 326/2016

which is pending in the Court of Civil Judge, Junior Division, Ausa

itself shall be concluded since the same is now scheduled for evidence.

3.

I am in agreement with the submission of the learned

counsel for the petitioner and the writ petition deserve to be disposed

of by issuing directions to the learned Civil Judge, Junior Division,

Ausa to culminate the proceeding R.C.S. No. 326/2016 within a

period of six months from today.

Needless to state that both the parties shall extend their

cooperation to the learned Judge in disposing of the said suit.

The position as directed to be maintained by interim order

passed by this Court shall be continued till the conclusion of the civil

suit.

Writ petition is accordingly disposed of.

[ SMT. BHARATI H. DANGRE, J.]

ssc/