Gov. Of India, New Delhi Thro. ... vs Ravindra Pralhadrao Puranik
2022 Latest Caselaw 2149 Bom

                                       1                    SA / 622 / 2021


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      942 SECOND APPEAL NO.622 OF 2021
                              WITH CA/748/2022

       GOVT. OF INDIA, NEW DELHI THROUGH SURPERINTENDING
        ARCHAEOLOGIST, ARCHEOLOGICAL SURVEY OF INDIA,
           AURANGABAD CIRCLE, DISTRICT AURANGABAD
                              VERSUS
                  RAVINDRA PRALHADRAO PURANIK

                                        ...
                 Advocate for Appellant : Mr. Bhosale Ramdas B.
                  Advocate for respondent : Mr. R.L. Chhabda
                                        ...

                                CORAM      : MANGESH S. PATIL, J.

                                DATE       : 2 MARCH 2022

PC :

Learned advocate for the respondent tenders across the

bar a reply on behalf of the respondent to the application of the

appellant. It is taken on record.

2. The appellant, who is the original defendant namely the

Superintending Archaeologist, Aurangabad Circle, is challenging the

concurrent findings of the courts below holding the respondent -

plaintiff to be entitled to perpetual injunction to protect his possession

over the suit property which is described as gat no. 691 at Ellora,

Taluka Khultabad, District Aurangabad.

3. The request is now being made on behalf of the appellant

to stay the operation of the judgment and decree under challenge.

2 SA / 622 / 2021

4. According to the learned advocate for the appellant, the

suit property is part of survey no. 299 totally admeasuring 13 Acres and

2 Gunthas which has been declared as "Centrally Protected

Monument" vide Ministry of Scientific Research and Cultural Affairs,

New Delhi vide Preliminary Gazette Notification S.O. 2445 dated

27-09-1960.

5. Taking into account the fact that it is only a decree for

perpetual injunction which is under challenge, the parties shall maintain

status-quo, as is obtaining today, till the next date.

6. List the second appeal for admission on 01-04-2022.

[ MANGESH S. PATIL ] JUDGE

arp/