1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4271 OF 2017
Rajkamal s/o Ramnarayan Agrawal,
aged about 60 years, occupation :
business, r/o Sadanand Ward, Khadkpura,
Umarkhed, Tahsil Umarkhed, District :
Yavatmal. ... Petitioner
- Versus -
Sagar s/o Subhash Bhokre,
aged about 29 years, occupation :
agriculturist, r/o Nivagha (B),
Tahsil Hatgaon, District Nanded,
at present - Sadanand Ward,
Khadkpura, Umarkhed, Tahsil :
Umarkhed, District Yavatmal. ... Respondent
-----------------
Shri G.M. Kubade, Advocate for petitioner.
Shri S.D. Dharaskar, Advocate holding for Shri K.S. Narwade, Advocate for
respondent.
----------------
CORAM : P.N. DESHMUKH, J.
DATED : AUGUST 3, 2017 ORAL JUDGMENT :
Rule, returnable forthwith. Heard finally by consent of Shri Kubade, learned Counsel for petitioner, and Shri Dharaskar, learned Counsel holding for Shri K.S. Narwade, learned Counsel for respondent.
2) Prayer in this petition is to quash and set aside order dated 20/1/2017 passed by learned Ad hoc District Judge-1, Pusad in Misc. Civil ::: Uploaded on - 08/08/2017 ::: Downloaded on - 09/08/2017 01:56:32 ::: 2 Appeal No.22/2016 preferred by petitioner against rejection of his application for temporary injunction in Regular Civil Suit No.50/2016 by learned Civil Judge, Junior Division, Umarkhed on 24/6/2016.
3) It is the case of petitioner that he has filed a suit seeking perpetual and mandatory injunction against respondent alleging that respondent had constructed house in contravention to the permission granted to him by competent Authority, upon which complaint was made by petitioner and thus, notices were issued to respondent under Section 54 of the Maharashtra Regional and Town Planning Act. Respondent did not act upon same and thus, above civil suit was filed by petitioner. However, learned trial Court rejected the application of petitioner for grant of temporary injunction. Admittedly, miscellaneous civil appeal against said rejection also came to be dismissed by learned District Judge.
4) Considering the facts involved in the petition as aforesaid, Shri Kubade, learned Counsel for petitioner, by referring to notices issued to respondent by Chief Officer, Municipal Council, Umarkhed at Annexures B and C to the petition with regards to alleged illegal construction activity carried out by respondent has submitted that direction may be issued to learned trial Court to expeditiously decide the suit.
::: Uploaded on - 08/08/2017 ::: Downloaded on - 09/08/2017 01:56:32 ::: 3
5) No reply of respondent is on record. However, Shri Dharaskar, learned Counsel for respondent, has supported the proposal as put forth by Shri Kubade, learned Counsel for petitioner, as aforesaid.
6) Considering the fact that admittedly notices are issued by the competent Authority to respondent with regards to alleged illegal construction, the issue involved in the petition can be decided only on leading evidence by both the sides. In that view of the matter, petition is disposed of with direction to learned Civil Judge, Junior Division, Umarkhed to decide Regular Civil Suit No.50/2016 expeditiously.
7) Rule is made absolute in the aforesaid terms. No order as to costs.
JUDGE khj ::: Uploaded on - 08/08/2017 ::: Downloaded on - 09/08/2017 01:56:32 :::