Bhimrao S/O Shankarrao Babar And ... vs Uttamrao Shankarrao Babar, Thr. ...
2022 Latest Caselaw 6821 Bom

                                                                                                51-WP4005.22.odt
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                         WRIT PETITION NO. 4005 OF 2022
                          Bhimrao Shankarrao Babar and another
                                         -Vs.-
                      Uttamrao Shankarrao Babar, thr.LRs 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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                                        Ms R.S.Sirpurkar, counsel for the petitioners.



                                                CORAM : MANISH PITALE, J.

DATE : 18.07.2022

Heard the learned counsel for the petitioners.

2. Order dated 02/05/2022 passed in final decree proceedings has been challenged in the present petition. By the said order, the applications filed on behalf of the petitioners were rejected.

3. The petitioners had filed an application seeking an order of status quo and order of temporary injunction to restrain decree holder and the daughter of judgment debtor No.8 from taking forcible possession of property, which is in possession of the petitioners. It is the case of the petitioners that an application filed by the decree holder himself for identifying the correct and exact area of the suit property and the persons on whom the decree would be binding is pending at the stage of production of documents and that in such a situation, the decree holder along with the said other persons

KHUNTE 51-WP4005.22.odt

cannot forcibly take possession from the petitioners, particularly when the final decree proceedings are yet to reach its culmination.

4. The Court below has rejected the applications primarily on the ground that a co-sharer cannot claim an injunction against another co-sharer. Considering the nature of final decree proceedings and the aforesaid application filed by the decree holder himself, which is pending, this Court is of the opinion that arguable issues arise in the present writ petition.

5. Hence, issue notice, returnable on 12/09/2022.

6. In the meanwhile and till the next date of listing, respondent Nos.1, 3 and 5 are restrained from disturbing the possession of the petitioners in the suit property.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:20.07.2022 10:52

KHUNTE