Soham S/O Mahesh Lonkar Since ... vs Devidas S/O Ganpat Lode And Others
2022 Latest Caselaw 7594 Bom

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

                                    Writ Petition No.4537/2022
                        Soham Lonkar V Devidas Lode and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                         Court's or Judge's Orders
or directions and Registrar's orders.
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              Mr. S.V. Sirpurkar, Advocate for petitioner.
              Mr. N.R. Rode, AGP for respondent nos. 14 and 15.



                                CORAM : AVINASH G. GHAROTE, J.

DATE : 03-08-2022

Mr. S.V. Sirpurkar, learned counsel for the petitioner contended that in the suit before the trial Court, there was a specific pleading in para 8 of the plaint (pg 47) regarding existence of a road to approach the land of Survey Nos.52/2, 52/1 and 53 starting from mouza Sumthana to the Survey Nos. 23, 24, 73, 37, 38 and 55 on the eastern side and thereafter to the Government land which was actually being used. This plea has neither been considered by the learned trial Court while deciding Exh-5 by the impugned order dated 08-02-2022 (pg 73) or the Appellate Court, which has dismissed the Appeal by the judgment dated 18-07-2022.

2. A perusal of the plaint indicates that the existence of averments in this regard in para 8 of the application for injunction,

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however, both the impugned orders do not indicate, consideration of this plea. It is also stated that since the institution of the suit till the decision of the Appeal and even today, an order of status quo was in operation.

3. Issue notice for final disposal of the matter to the respondents, returnable on 30-08-2022.

4. It is contended that the original order of the Tahsildar, Warora, directed removal of the pits dug in the alleged approach way claimed by the defendants in respect of which as the order of status quo was passed, the pits were not filled in and still is in existence. Consequently, the approach way claimed by the defendants to the land of the petitioner was and is not in use. A status quo, was granted in the above circumstances.

5. The parties are, therefore, directed to maintain the status quo till the returnable date as indicated above.

6. Mr. Rode, learned AGP waives notice for respondent nos. 14 and 15.

3.

(Avinash G. Gharote, J.)

Deshmukh