Rambhau Ganpat Khadke And Another vs Tannu Mannu Khadke And Others
2022 Latest Caselaw 8548 Bom

                                                                                        (1)                                                 26.wp.5233.2022

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

                                               WRIT PETITION NO. 5233 OF 2022

                                               Rambhau Ganpat Khadke and another
                                                              Vs.
                                                 Tannu Mannu Khadke 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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           Mrs. M. Z. Haq, Advocate h/f Mr. Z. Z. Haq, Advocate for petitioners.


                                                                           CORAM :                      AVINASH G. GHAROTE, J.

                                                                           DATE  :                      29/08/2022

                                               1.             Heard              Mrs.            Haq,            learned               counsel                for         the
                                               petitioners.

2. The petition challenges the concurrent findings recorded by the learned Court below rejecting the application under Exh.5 (pg. 62) and dismissing the appeal (pg.86) therefrom.

3. It is contended that since the land was ancestral property and the petitioners/plaintiffs have set up a Poultry Farm on the part of the land, the said activity could not be disturbed by anyone and that would be detriment to the petitioners without any right to the business invested in by the respondents. It is further contended that the learned trial Court by the order dated 19.7.2020 (para 15/pg. 61) has rendered such a finding and refused to grant interim relief which has resulted (2) 26.wp.5233.2022

irreparable loss to the plaintiffs/petitioners. The learned Appellate Court also by the judgment dated 14.2.2022 has rendered a finding prima facie that the property has not been partitioned between the plaintiffs and the defendants, and therefore, it cannot be said that the petitioners/plaintiffs did not have any right to conduct his business on a portion of the property which admittedly he had a right. It is also contended that since the business from the Poultry Farm was demonstrable from the photographs (pg. 19 to 20), both the learned Courts below ought to have considered that the business ought to have been protected, as there was no loss of any nature of whatsoever likely to be caused to the respondents.

4. Issue notice to the respondents for final disposal of the matter, returnable on 16.9.2022.

5. Till the returnable date, the parties shall maintain status quo.

JUDGE

Sarkate

Digitally signed byANANT R SARKATE Signing Date:29.08.2022 18:07