Shyamlal S/O Saheblal Jaiswal And ... vs Raju S/O Govind Tayde And Others
2023 Latest Caselaw 1247 Bom

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

                                         Writ Petition No.851/2023
                                    Shyamlal and others V Raju and others
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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. A.S. Manohar, Adv for petitioners.

                                           CORAM : AVINASH G GHAROTE, J.

DATE : 06-02-2023

The petition questions judgment and order dated 01-12-2021, whereby while allowing the appeal partly the Appellate Court had granted Exh-5 only in terms of prayer clauses B and C and not in terms of prayer Clauses A and D. The grievance is that since the Court has found a prima case to grant prayer clauses and C (pg 71), it ought to have granted prayer Clauses and A and D too, considering that the respondents had no legal right to occupy the properties which they were occupying and specifically so in view of their categorical admission in para 3 (pg 75) of the written statement where all the defendants/respondents admit that they have no right, title and interest in the suit property i.e. survey No.58/1, issue notice for final disposal, returnable on 06-03-2023.

2. The petitioner shall serve the respondents by all modes permissible in law including hamdast.

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JUDGE Deshmukh