GAJANAN GYANUJI ZAMBHARE Vs. GRAM PANCHAYAT, KONDALA ZAMARE

JUDGEMENT

(1.) AT the request of the learned counsel for the petitioner, the respondent no.3 in Writ Petition No. 721 of 2015 is permitted to be deleted, as the respondent no.3 is not a party in Regular Civil Suit No. 239 of 2014. The deletion be carried out forthwith.

(2.) IT is not understood as to how the trial Court has not decided the application for grant of temporary injunction filed by the plaintiff under Order 39, Rules 1 and 2 of Civil Procedure Code. After the status quo was granted on the application under Order 39, Rules 1 and 2 of C.P.C., it was necessary for the trial Court to have decided the application for injunction on merits, instead of vacating the status quo.

(3.) IN the result, the writ petitions are allowed. The order dated 31.01.2015 passed below Exh.20 by the trial Court in Regular Civil Suit No. 239 of 2014 (impugned in W.P. No. 721 of 2015) and the order dated 31.01.2015 passed below Exh.17 by the trial Court in Regular Civil Suit No. 205 of 2014 (impugned in W.P. No. 722 of 2015) are hereby quashed and set aside. The applications at Exh. 20 and Exh.17 are dismissed. The trial Court to proceed to decide the applications under Order 39, Rules 1 and 2 of C.P.C. on its own merits within a period of one month from the date of first appearance of the parties before it. The parties to appear before the trial Court on 17th February, 2015. If any of the parties seek an adjournment in the matter, it shall be subject to cost of Rs.5000/ .