Chagganlal Tarachand Rai vs Village Panchayat ...
2016 Latest Caselaw 2873 Bom

                     sa300.99.J.odt                                                                                                                1/3



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                                
                                               NAGPUR BENCH, NAGPUR




                                                                                                 
                                                     SECOND APPEAL NO.300 OF 1999

                               Chaganlal Tarachand Rai
                               (dead) thr. his LRs.




                                                                                                
                     1]        Chandabai Chaganlal Rai,
    As per Court               Aged 58 years,
      order dt. 
      14.12.12                 Occ: Household.
    amendment 




                                                                            
     carried out
                     2]        Rajesh Chaganlal Rai,
                               Aged 41 years,      
                               Occ: Business.

                     3]        Yogesh s/o Chaganlal Rai,
                                                  
                               Aged 35 years,
                               Occ: Business.

                               All R/o Jalaram Nagar,
               

                               Behind Police Station,
                               At Post Nersopant,
            



                               Tah. Nersopant,
                               Dist. Yavatmal.                                         ....... APPELLANTS

                                                                ...V E R S U S...





     Amendment as             Chief Officer,
     per Court order          Municipal Council Ner Nababpur,
     dt. 02/07/2014
                              Dist. Yavatmal.                            ....... RESPONDENT
                     ----------------------------------------------------------------------------------------------------





                              Shri Amol Mardikar, Advocate for Appellants.
                              Shri Pravin P. Deshmukh, Advocate for Respondent.
                     ----------------------------------------------------------------------------------------------------

                                          CORAM:  R.K. DESHPANDE, J. 

th JUNE, 2016.

                                          DATE:      16

                     ORAL JUDGMENT



                     1]                   In view of the subsequent events brought to the notice of


      sa300.99.J.odt                                                                                                                2/3

this Court, the learned counsels appearing for the parties submit that the

matter is now pending before the Sub-Divisional Officer, Darwha as per

the order dated 08.12.2011 passed by the Additional Collector,

Yavatmal. The parties are therefore, at liberty to agitate their rights

before the said authority and it is not necessary for this Court to

adjudicate the controversy involved in this second appeal. The learned

counsels submit that the matter can be disposed of.

2]

In view of the aforesaid position without going into the

merits of the matter the second appeal is disposed of leaving it open for

the parties to appear before the Sub-Divisional Officer, Darwha as per

the order dated 08.12.2011 passed by the Additional Collector, Yavatmal

and to raise all the questions as are permissible in law. None of the

findings recorded by the Courts below in the order impugned in this

second appeal shall come in the way of the parties as the proceedings are

independent and the suit in question was only simplicitor for grant of

permanent injunction restraining the defendant from interfering with the

possession of the plaintiff over the suit property. Since the plaintiff is in

possession of the suit property from 1950-51 and thereafter in terms of

the order dated 23.03.1981 passed 'Sanad' by the Additional Tahsildar,

Yavatmal. The possession of the appellant shall not be disturbed unless

the final adjudication is done by the Sub-Divisional Officer. The parties

shall thereafter be at liberty to prosecute their further remedies.

           sa300.99.J.odt                                                                                                                3/3

          The second appeal stands disposed of.




                                                                                                                     
                                                                                      
                                                                                       JUDGE



    NSN