Uttam S/O Vitthalrao Gedam vs Swapnil S/O Ghansham Gajbhiye
2023 Latest Caselaw 7155 Bom

Citation : 2023 Latest Caselaw 7155 Bom
Judgement Date : 18 July, 2023

Bombay High Court

Uttam S/O Vitthalrao Gedam vs Swapnil S/O Ghansham Gajbhiye on 18 July, 2023

Bench: Avinash G. Gharote

                                                        1                                   927.WP.5183-2021.odt




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

                            WRIT PETITION NO. 5183 OF 2021
                                   ( Uttam S/o Vitthalrao Gedam
                                                Vs.
                                  Swapnil S/o Ghansham Gajbhiye )

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


                                  Mr. D.V. Mahajan, Advocate for the Petitioner.
                                  Mr. A.S. Dhore, Advocate for the Respondent.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 18th JULY, 2023

Heard.

2. Mr. Mahajan, learned counsel for the petitioner submits, that the judgment and decree dated 02.09.2010 passed in R.C.S. No.15/2008 (page 20) stands complied with as the report by the TILR dated 30.06.2023 and the panchnama indicate the absence of the bore-well and the removal of the fencing/compound wall. He therefore submits, that the decree stands satisfied.

3. It is however contended by Mr. Dhore, learned counsel for the respondent, that the portion "IMKL" which forms a part of the decree still carries an encroachment of 2 X 3.75 meters. He therefore submits, that the decree is not satisfied.

2 927.WP.5183-2021.odt

4. A perusal of the measurement map dated 28.06.2023 indicates, that what has been measured as a demarcated portion "IMKL", is an area admeasuring 11.16 sq.mtr, which is 120 sq.ft., as against which, the portion "IMKL" as shown in the map at Exh. 36 which forms a part of the decree dated 02.09.2010, the area of "IMKL" is shown as 63 sq.ft., which is an admitted position by Mr. Dhore, learned counsel for the respondent. That being the position, there is clearly a difference and discord between the measurement map dated 28.06.2023 and Exh. 36.

5. Mr. Dhore, learned counsel for the respondent, therefore seeks a week's time to resolve the discord, considering which, list the matter on 26.07.2023.

JUDGE SD. Bhimte