Mr. Mohammad Gafur Khan And Ors vs Pandurang Baburao Temkar And Ors
2023 Latest Caselaw 2257 Bom

Citation : 2023 Latest Caselaw 2257 Bom
Judgement Date : 8 March, 2023

Bombay High Court

Mr. Mohammad Gafur Khan And Ors vs Pandurang Baburao Temkar And Ors on 8 March, 2023

Bench: N. J. Jamadar

SWAROOP Digitally
        SWAROOP
                  signed by

SHARAD
                                                                               23 ao 881 of 2022.doc
        SHARAD PHADKE
        Date: 2023.03.09
PHADKE  14:14:25 +0530




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                            APPEAL FROM ORDER NO.881 OF 2022
                                          WITH
                             CIVIL APPLICATION NO.97 OF 2022

Mohammad Gafur Khan and Ors.                                    ...         Appellants
      versus
Pandurang Baburao Temkar and Ors.                               ...         Respondents

Mr. A.S.Khandeparkar, Sr. Advocate i/by Khandeparkar and Associates for
Appellants.
None for Respondents.

                               CORAM:       N.J.JAMADAR, J.

                               DATE :       8 MARCH 2023

P.C.

1. Heard the learned Senior Advocate appearing for the Appellants.

2. By the impugned judgment and decree, the Appeal Court has remanded

Regular Civil Suit No.29 of 2011 by setting aside the judgment and decree passed by

the Trial Court on 10 April 2015.

3. The learned Senior Advocate seeks leave to tender copy of the judgment

and decree passed by the learned Civil Judge, Jr. Div., Sawantwadi in RCS No.29 of

2011.

4. Leave granted.

5. From the perusal of the impugned order, in conjunction with the

averments in the plaint, it becomes evident that the Plaintiffs have filed the Suit for

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injunction simplicitor reserving right to seek removal of the encroached portion.

6. Arguable questions as to legality, propriety and correctness of the order

of remand, are raised.

7. Hence, issue notice to the Respondents, returnable on 19 April, 2023.

8. In the meanwhile, ad-interim relief in terms of prayer clause (a) of the

Civil Application.

9. In addition to the Court notice, the Appellants are at liberty to serve the

Respondents by way of private service and file an Affidavit of service.




                                                                 ( N.J.JAMADAR, J. )




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