NAWANITDAS MATHURADAS GUJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE trial Court passed an order of injunction restraining the Defendant nos.1 and 2 from disturbing the Plaintiff's possession over the suit property. Misc.Civil Appeal No.44 of 2004 preferred by the Defendants was dismissed by the Additional District Judge, Baramati on 3.3.2005. Hence, this Writ Petition is preferred by the original Defendants.

(2.) ON 17.8.2005, this Court granted Rule and interim order in terms of prayer clause (b). By way of prayer clause (b) interim relief was claimed for stay to the effect, operation and implementation of the Judgment and order passed by both the Courts below. The said interim order is continued till this date. In view of the fact that interim order granted by this court, is operating till this date the Rule is made absolute in terms of interim order. As a result of the interim order passed by this Court, an order of injunction passed by the trial Court is stayed.

(3.) THE trial Court is directed to decide the suit within a period of six weeks from the date of receipt of writ from this Court if, it is not already decided.