1 wp484.2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 484/2016
Shankar S/o Raghwalu Aknurwar,
Aged about 69 years, Occu. Retired,
R/o Mul, Tah. Mul, District, Chandrapur ... PETITIONER
...V E R S U S...
Shankar S/o Pandurang Wasekar,
Aged about 64 years, Occu. Retired,
R/o Mul, Tah. Mul. District. Chandrapur ... RESPONDENT
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Shri D.L. Dharmadhikari, Advocate for the petitioner
Shri A.De, Advocate for the respondent
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CORAM:- Z.A. HAQ,J.
th DATED :- 12 JANUARY, 2018 ORAL JUDGMENT :-
Heard.
Rule. Rule made returnable forthwith. 2] The respondent has succeeded in the civil suit and a decree is granted in his favour directing the petitioner/defendant to vacate 1.5 feet space in the lane in question and to remove the wall constructed by him in the lane between the house of the ::: Uploaded on - 18/01/2018 ::: Downloaded on - 19/01/2018 01:20:26 ::: 2 wp484.2016.odt plaintiff and the house of the defendant. The defendant has challenged the judgment and decree passed by the trial Court in appeal which is pending before the District Court. In this appeal, the defendant had filed an application under Order 41 Rule 5 of the Code of Civil Procedure which is dismissed by the impugned order.
3] The learned District Judge has recorded that the claim of the defendant (appellant before the District Court) does not fall in either of the clauses (a), (b) or (c) of Rule 5 of Order 41 of the Code of Civil Procedure.
4] As the dispute is going on since 2000, the learned advocate for the petitioner as well as the respondent have agreed that if the hearing of appeal is expedited, the parties would maintain status-quo regarding the status of the wall in question and the user of 1.5 feet lane by the plaintiff till the disposal of appeal.
5] In view of the submissions made by the learned advocates for the respective parties, the learned District Judge is ::: Uploaded on - 18/01/2018 ::: Downloaded on - 19/01/2018 01:20:26 ::: 3 wp484.2016.odt directed to dispose the appeal till 05/05/2018. Till then, the respondent-decree holder shall not take any coercive action against the petitioner-defendant as per the judgment and decree passed by the trial Court.
With the above directions and observations, the writ petition is disposed. In the circumstances, the parties to bear their own costs.
JUDGE Ansari ::: Uploaded on - 18/01/2018 ::: Downloaded on - 19/01/2018 01:20:26 :::