Tulshiram Kisan Nagpure And ... vs Parasram Tukaram Nagpure And ...
2022 Latest Caselaw 7706 Bom

                                                          1                            920.WP.4605-2022.odt




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

                            WRIT PETITION NO. 4605 OF 2022
                             ( Tulshiram Kisan Nagpure & Ors.
                                            Vs.
                            Parasram Tukaram Nagpure & Anr. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Y.J. Maheshwari, Advocate for the Petitioners.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 5th AUGUST, 2022.

Heard Mr. Maheshwari learned counsel for the petitioners.

2. The trial court by an order dated 29.08.2020 (page 89), has allowed Exh.5 restraining defendants or their agents from interfering with the enjoyment of the rights of the plaintiffs over the suit tank, holding that in pursuance to the order dated 04.07.1956 (page 62), passed by the Deputy Commissioner, Bhandara, the plaintiffs/petitioners, who were the legal heirs of Kisan, had a right to do fishing and other activities from the suit tank. The appellate court, by the judgment dated 15.06.2022, has set aside the order of the learned trial Court on the ground, that the order dated 04.07.1956, indicates the names of the other persons, and therefore, the defendants would also be entitled to have rights in the suit tank, in view of which, Exh. 5 has been rejected.

2 920.WP.4605-2022.odt

3. Mr. Maheshwari, learned counsel for the petitioners submits, that the application for grant of rights was filed on 07.05.1956 by Kisan, Sakharam, Bhikrya and Soma (page 60) and on this application the order dated 04.07.1956, has been passed. Inviting my attention to the written statement filed by the defendants and the family tree given therein (page 54), it is contended, that the defendants are the descendants of Narayan, who is not the applicant in the application dated 07.05.1956, in pursuance to which, the order dated 04.07.1956 has been passed, and therefore, it was not permissible to the learned appellate Court to have set aside the order below Exh. 5, by considering the order dated 04.07.1956. It is therefore submitted, that the order dated 04.07.1956, has been totally misconstrued by the learned appellate Court.

4. Issue notice to the respondents for final disposal of the matter at the stage of admission itself, returnable on 25.08.2022.

5. Petitioners to serve the respondents by all modes permissible in law including E-mail and What's App.

JUDGE SD. Bhimte Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:05.08.2022 18:28