Uttam S/O Vitthalrao Gedam vs Swapnil S/O Ghansham Gajbhiye
2023 Latest Caselaw 12398 Bom

Bombay High Court

Uttam S/O Vitthalrao Gedam vs Swapnil S/O Ghansham Gajbhiye on 7 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 5183                    OF 2021
                                Uttam Vitthalrao Gedam
                                          -Vs.-
                               Swapnil Ghansham Gajbhiye
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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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                       Mr. D.V.Mahajan, counsel for the petitioner.
                       Mr.A.S.Dhore, counsel for the respondent.




                                          CORAM : AVINASH G. GHAROTE, J.

DATE : 7TH DECEMBER, 2023

Mr. Mahajan, learned counsel for the petitioner, submits that the entire area 'IMKL' as indicated in the judgment and decree dated 02/09/2010 (pg.20) is clear and vacant, which is a statement in the face of the panchanama dated 28/06/2023 placed on record which shows that in the area demarcated by letters 'IMKL' there is a construction of 2 x 3.75 mtrs. Mr. Mahajan, learned counsel for the petitioner, has no objection if this construction is demolished and removed as according to him, the petitioner has no concern with the same and that would be necessary for the purpose of full compliance of the decree dated 02/09/2010. The learned Executing Court is therefore, directed to take appropriate steps for demolition of the aforesaid construction, which is claimed to be standing upon the area demarcated by the letters 'IMKL' in the plaint map at Exh.36 and ensure that it is free

KHUNTE 24-wp5183.21.odt

from all obstructions.

2. The petition is disposed of in the above terms. No costs.

JUDGE

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 08/12/2023 11:55:27 KHUNTE