Girijashankar S/O Maniramsingh ... vs Premkumar S/O Maniramsingh ...
2022 Latest Caselaw 10292 Bom

                                                                                                         23wp 6200.2022.odt
                                                                1

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

                                     WRIT PETITION NO. 6200/2022

                                 GIRIJASHANKAR S/O MANIRAMSINGH JATPELE
                                                   VS
                                  PREMKUMAR S/O MANIRAMSINGH JATPELE
-----------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Mr. A.N. Vastani, Advocate for the petitioner

                                           CORAM :              AVINASH G. GHAROTE, J.

DATED : 06/10/2022

Heard the learned Counsel for the petitioner.

2. The contention is that by Gift Deed dated 07.10.2021 an area admeasuring 0.23 H.R. from and out of the land bearing Gat no. 311, which was owned by Maniramsingh Shivramsingh Jatpele, was gifted to the present petitioner. The respondent, herein is making construction on the land, without there being challenge to the Gift Deed and the learned Trial Court granted temporary injunction by order dated 15.01.2022 (page

44). The learned Appellate Court has incorrectly set aside the order of injunction in appeal by its judgment dated 12.09.2022 (page 72) based upon consent-deed dated 29.04.2017 (page 59), which was not in respect of the subject matter of the land, under the Deed of Gift, but was in respect of House no. 9, which was built upon the part of the land bearing Gat no. 311 and, therefore, it is

SMGate 23wp 6200.2022.odt

contended that the reliance placed on the consent-deed dated 29.04.2017 for setting aside the order of injunction passed by the learned Trial Court was incorrect.

3. Issue notice for final disposal to the respondent, returnable on 21.10.2022.

4. In the meantime, there shall be ad interim stay in terms of prayer clause (iv).

                                                               JUDGE



            Digitally
            signed by
            SANDIP
SANDIP      MAHADEV
MAHADEV     GATE
GATE        Date:
            2022.10.06
            18:52:30
            +0530




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