Prashant S/O Nagorao Chahande vs Rajesh S/O Baburao Chahande
2023 Latest Caselaw 12798 Bom

Bombay High Court

Prashant S/O Nagorao Chahande vs Rajesh S/O Baburao Chahande on 14 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                                 1                       13-8233-23.odt


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

                                  WRIT PETITION NO.8233/2023

                                  Prashant S/o Nagorao Chahande
                                                Vs.
                                   Rajesh S/o Baburao Chahande

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. S.S. Meshram, Advocate for petitioner


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th December, 2023

Heard Mr. Meshram, learned counsel for the petitioner.

2. The only plea raised is that the suit property is incapable of identification and, therefore, the objection to the warrant of possession raised by the present petitioner vide Exh.46 ought not to have been rejected by the impugned order dated 28/11/2023.

3. It is contended that since there are six rooms in the said house and one room is given, the objection ought to have been sustained.

4. It is not disputed, that the petitioner, who is judgment debtor is in occupation of single room in the house No.2113, constructed on plot no. 1-A, 2 13-8233-23.odt

Ward No.2, Mouza Yerkheda, Tah. Kamptee, which room admeasures 15 ft X 10 ft. It is thus apparent, that the room is capable of being identified. The learned counsel for the petitioner was directed to produce the schedule of the property as filed with the plaint which has been placed on record at page 110, which indicates that the boundaries of the room has also been given, considering which, I do not see any reason to interfere in the impugned order. The petition is dismissed. No costs.

JUDGE

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 14/12/2023 18:14:43