Anurag S/O Madhusudan Agrawal vs Indrakumar S/O Hemraj Raahi And ...
2023 Latest Caselaw 7700 Bom

                                                                  1                                 913-4846-23.odt


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

                                   WRIT PETITION NO.4846/2023

  Anurag s/o Madhusudan Agrawal Vs. Indrakumar s/o Hemraj Raahi &
                              Ors.
Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders

                                   Mr. Virat Mishra, Advocate for petitioner

                                   CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd AUGUST, 2023

Heard learned counsel for the petitioner.

2. The petition challenges the order dated 08/12/2017, passed by the learned Appellate Court below Exh.5, granting the application of the respondent to the extent it seeks relief of protection of his possession. It is contended, that though the learned Trial Court by the judgment dated 06/05/2016 had answered issue no.12 as to whether the plaintiff / appellant is entitled to get the possession of the northern portion of suit house from defendant Nos.3 to 4 to which the answer is in the negative holding that the plaintiff / respondent is in possession of the southern portion of the suit property, the application for stay filed by the respondent No.1 is as vague as possible in this regard and though it ought to have been restricted to the southern portion of the property insofar as injunction

2 913-4846-23.odt

is concerned, it does not do so. Para 2 of the impugned order also records a plea on behalf of the respondent no.1 that he is in possession of both the southern and northern portion of the property since beginning, based upon that statement impugned order was passed.

2. Issue notice for final disposal, returnable on 21st August, 2023.

3. By way of an ad-interim order, the protection granted to the respondent No.1 by the impugned order shall stand restricted to the southern portion of the suit property only.

JUDGE MP Deshpande