Prakash Kisan Mule vs Vishal Pralhad Mule And Another
2023 Latest Caselaw 1304 Bom

Citation : 2023 Latest Caselaw 1304 Bom
Judgement Date : 7 February, 2023

Bombay High Court

Prakash Kisan Mule vs Vishal Pralhad Mule And Another on 7 February, 2023

Bench: Avinash G. Gharote

                                                         1                               942.WP.4334-2021.odt




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

                            WRIT PETITION NO. 4334 OF 2021
                                          ( Prakash Kisan Mule
                                                   Vs.
                                       Vishal Pralhad Mule & Anr. )

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


                                  Mr. P.S. Patil, Advocate for the Petitioner.
                                  Mr. P.S. Girdekar, Advocate for the Respondent No.1.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 7th FEBRUARY, 2023

Heard Mr. Patil, learned counsel for the petitioner and Mr. Girdekar, learned counsel for the respondent No.1.

2. The learned Trial Court by the order dated 28.07.2021 below Exh. 5 (page 81), has rendered a finding that the respondent No.1 is in possession of property bearing No. 321 admeasuring 71.49 sq.meter 770 sq.ft., as indicated in para 19 of its order, which finding has been confirmed by the learned Appellate Court in its judgment dated 29.09.2021 (page 108).

3. The finding is rendered by the admission of the present petitioner as is reproduced in para 12 (page 79) of the order of the learned Trial Court dated 28.07.2021.

2 942.WP.4334-2021.odt

4. Faced with this position, both the learned counsels are agreeable that the finding regarding possession be maintained, however no construction should be permitted upon the said property. Accepting which position, the petition is disposed of by maintaining the finding regarding the possession as recorded by the Courts below. It is however directed, that the respondent No.1 shall not make any construction of any nature whatsoever upon the suit property during the pendency of the suit.

5. The learned Trial Court, is also directed to decide the suit as expeditiously as possible and in any case within a period of 12 months from the date of placing of the order before it, subject to either party not claiming any unnecessary adjournments.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:08.02.2023 14:45