Bombay High Court
Pankaj S/O Anandrao Dhone And ... vs Ramdas S/O Narayanrao Badwaik on 20 August, 2022
Bench: Avinash G. Gharote
(1) 15.wp.4251.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4251 OF 2022
Pankaj s/o Anandrao Dhone and another
Vs.
Ramdas s/o Narayanrao Badwaik
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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. Bhushan Dafle, Advocate for petitioners.
CORAM : AVINASH G. GHAROTE, J.
DATE : 20/08/2022
1. Heard Mr. Dafle, learned counsel for the
petitioners.
2. The petitioners have filed a suit for permanent
injunction claiming title to the land of Plot No.17, Patwari
Halka No.12A, Mouza Bhokhara admeasuring 4000 sq. ft. as
described in para 2 of the plaint (page 24) as regard which,
relief of perpetual injunction is claimed to restrain the
defendant/respondent from causing obstruction and
interference with the possession of petitioners/ plaintiffs over
the aforesaid land. The learned trial Court by an order dated
2.8.2019 found the prima facie case as well as balance of
convenience and holding that the petitioners / plaintiffs were
in possession of the suit plot granted injunction. The learned
Appellate Court by the impugned judgment dated 14.9.2021
has set aside the order below Exh.5 by allowing the appeal on
the ground, that the sale deed of the predecessor in title of
plaintiffs' father is in dispute in a suit filed by the defendant
(2) 15.wp.4251.2022
and therefore, the assessment receipt of the Grampanchayat
as well as the Tax receipt are held to be insufficient to make
out possession.
3. The plot in question, was originally owned by the
defendant, who by the sale deed dated 20.1.1988 sold it to
one Meera Sangole. This sale deed contains a specific clause
regarding delivery of possession (page 46). It is a registered
document. The said Meera Sangole in turn has sold the
aforesaid plot to the father of the petitioners by the sale deed
dated 17.2.1994 (page 39), under which the possession has
been delivered to the father of the plaintiffs. The father of the
plaintiffs/ petitioners has passed away on 2.9.2007 and the
petitioners are his only legal heirs. The name of the father of
the petitioners was duly recorded of the Grampanchayat
record and he has been paying the assessment of the aforesaid
property and after him the petitioners are paying it. Though
it has been observed by the learned Appellate Court that the
suit has been filed by the respondent challenging the sale
deed of Meera Sangole and consequent sale deed of Anandrao
Dhone, the father of the petitioners that by itself, would not in
absence of any injunction being granted therein, would affect
the legality and validity of the aforesaid two sale deeds which
prima facie indicates the delivery of possession.
4. Issue notice to the respondent for final disposal of
the matter, returnable on 5.9.2022.
(3) 15.wp.4251.2022
5. The petitioners to serve the respondent by all
modes permissible in law.
6. Since a prima facie case is demonstrated in
favour of the petitioners being in possession there shall be an
ad-interim stay to the judgment dated 14.9.2021 passed by
the District Judge-11, till the returnable date.
JUDGE
Sarkate
Digitally signed byANANT R
SARKATE
Signing Date:20.08.2022
17:05
