Pravinchandra S/O ... vs Giriraj S/O Yashwant Rao And ...
2021 Latest Caselaw 16995 Bom

                                                                                       (1)                                                  14.wp.4994.2021

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                                WRIT PETITION NO.4994 OF 2021

                         Pravinchandra s/o Bhavanishankar Trivedi and another
                                                                                    Vs.
                                               Giriraj s/o Yashwant Rao and others
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                        Mr. C. A. Joshi, Advocate for petitioners.


                                                                     CORAM :                     AVINASH G. GHAROTE, J.

DATE : 07/12/2021

Heard Mr. Joshi, learned counsel for the petitioners, who submits that the measurement was already done on 03.10.2012, of the suit property, consequent to which, the sanction was granted for construction up to plinth level on 19.04.2017, which was not objected by the respondent Nos.1 to 3, as a result of which, the construction continued. After having completed the construction up to the plinth level, the further sanction was granted on 22.08.2019, as result of, which, the construction stood completed up to the first floor slab level before filing of the suit, which came to be filed on 12.02.2020 by the respondent Nos.1 to 3, who are the owners of the adjacent property having a common wall. He submits that the construction which has been made is in consonance with the sanction granted by the respondent No.4 and there is no illegal construction, which position has rightly been appreciated by the learned Trial Court while rejecting Exh.5. He (2) 14.wp.4994.2021

submits that the learned Appellate Court without considering the grant of sanction, merely relied upon an alleged difference in area in the two sale deeds by which the Plot No.9/47 was purchased by the petitioner and acceptance of the contention that the measurement map dated 03.10.2012 did not bear the signature of the appellant whereas the same was signed by the brother of the appellant, who was member of the joint family and was present at the time of measurement. He therefore, submits that the impugned judgment suffers from non- consideration of material available on record.

Issue notice to the respondents, returnable on 16.12.2021. Hamdast granted.

JUDGE

Sarkate

Digitally signed byANANT R SARKATE Signing Date:08.12.2021 20:16