THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.638 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 01.07.2021 passed by the learned Single Judge
dismissing W.P.No.14705 of 2021.
The undisputed facts of the case reveal that the
appellant/writ petitioner and the respondents No.8 to 12
are members of the same family. There is a serious property dispute between them and a civil suit is also pending between them. The writ petition was filed enclosing some photographs which are also on record at page No.62 stating that some construction is being carried out by the respondents No.8 to 12, who are members of the same family, without any permission. The learned Single Judge dismissed the writ petition leaving it open to the writ petitioner to seek appropriate remedy before the civil court.
Before this Court, the pendency of the civil suit between the parties has not been disputed and therefore, as a serious civil dispute is pending between the family, the appellant/writ petitioner shall be free to file appropriate application before the civil court in the 2 pending suit ventilating his grievance. This Court does not find any reason to interfere with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 09.12.2021 vs