Vilas Babusa Ingle And Others vs Dropadabai W/O Mahadeorao ...
2023 Latest Caselaw 249 Bom

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

                                      Writ Petition No.159/2023
                              Vilas and others V Dropadabai 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. P.S. Gawai, Adv. for petitioners.

                                        CORAM : AVINASH G GHAROTE, J.

DATE : 07-01-2023

Heard Mr. Gawai, learned Counsel for the petitioners/defendant nos. 3 to 5.

2. The petition challenges the order dated 19-03-22 passed by the trial Court at Exhs. 5, 23 and 41 in RCS No.318/21, whereby all the applications have been allowed and the petitioners have been restrained from disturbing the possession of plaintiff/respondent no.1 over the land G.No.47 and so also the judgment in appeal dated 20-08-22 passed by District Judge-2 Akola in MCA 60/22.

3. By inviting my attention to paras 21 and 22 (Pg 113) of the order of trial Court it is contended that there is a discrepancy in the sale deed of the plaintiff dated 28-04-93 regarding the boundaries as mentioned therein , in spite of which, Exh 5 has been granted. It is contended that since the boundaries itself were uncertain the identity of the property is not clear. It is contended that though the property of G.No.47 claimed to be belonging to the plaintiff

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and G.No.48 belonging to the petitioners have been measured on 04-12-21, as per the measurement report at page 77, the same does not show any encroachment by the petitioner on the land of G.No.47, and injunction has been granted in spite of the fact that the petitioner is in possession of an cultivating of his own land G.No.48.

4. Issue notice for final disposal, returnable on 24-01-2023.

5. The petitioners to serve the respondents by all modes permissible in law.

JUDGE Deshmukh