Bhagwat Sahadu Shelke And Another vs Shankar Sahadu Shelke And Others
2023 Latest Caselaw 12951 Bom

Bombay High Court

Bhagwat Sahadu Shelke And Another vs Shankar Sahadu Shelke And Others on 18 December, 2023

Author: S.G. Mehare

Bench: S.G. Mehare

2023:BHC-AUG:26649
                                                                            13-sa-544-2013.odt
                                                     (1)


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    SECOND APPEAL NO. 544 OF 2013
                                                 WITH
                                  CIVIL APPLICATION NO. 9849 OF 2013

                                   Bhagwat Sahadu Shelke And Another
                                                  VERSUS
                                    Shankar Sahadu Shelke And Others
                                                     ...
                               Advocate for Appellants : Mr. Vikram R. Dhorde
                                                     ...
                                                     CORAM : S.G. MEHARE, J.

DATED : DECEMBER 18, 2023

PER COURT:-

1. Heard learned counsel for the appellants.

2. The appellants had claimed the injunction against the

defendant, who was their brother, on the basis of the title. However,

the fact came on record that the defendants were possessing the land

on 'Batai'. Since the plaintiffs admitted the possession of the

defendants, the Court appears to have correctly dismissed the suit

simplicitor for injunction. The plaintiffs admitted that the defendants

were in possession as bataidar. One of the plaintiff was residing out

of station, so he had no reason to have the possession. Having the

title and possession are two different concepts. The possessor may

not have the title. Similarly, the title holder may not have the

possession.

13-sa-544-2013.odt

3. Perusal of both impugned judgments and decrees which

dismissed the plaintiffs' suit, the Court did not find any substantial

questions of law involved in the case. Hence, the appeal stands

dismissed at the admission stage.

4. Civil Application No. 9849 of 2013 stands disposed of.

(S.G. MEHARE, J.)

Mujaheed//

Signed by: Syed Mujaheed Naseer Designation: PA To Honourable Judge Date: 19/12/2023 11:03:05