Bhagirath Deorao Jagtap vs Rushikesh Bhausaheb Garud Thr ...
2021 Latest Caselaw 6477 Bom

                                         1                 WP 5073.2021.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                     6 WRIT PETITION NO.5073 OF 2021

                BHAGIRATH DEORAO JAGTAP
                             VERSUS
        RUSHIKESH BHAUSAHEB GARUD THR UNDER
       GUARDIAN BHAUSAHEB NANABHAU GARUD AND
                             OTHERS
                                ...
         Advocate for Petitioner : Mr. Shete Sadashiv S.
                                ...
                   CORAM : V.K. JADHAV, J.

Dated: April 19, 2021 ...

PER COURT :-

1. I have heard the learned counsel for the petitioner

for some time.

2. The petitioner is the original plaintiff, instituted

the suit bearing RCS No.138 of 2016 for a decree of

perpetual injunction and pending the suit, the petitioner

has fled an application Exh.35 for issuance of the

temporary injunction. However, the trial court has

rejected the application Exh.35 by order dated

20.12.2019 and said order was confrmed by the District

Court in Misc Civil Appeal No.13 of 2020 by judgment

and order dated 6.2.2021. Learned counsel for the

aaa/-

2 WP 5073.2021.odt

petitioner submits that the possession of the petitioner

over the suit land is confrmed by the 'Pik Pahani'

report. However, both the courts below have not

considered the said report in its proper context.

3. In view of the above, issue notice to the

Respondents, returnable on 10.6.2021.

( V.K. JADHAV, J. ) ...

aaa/-