Sitaram S/O Maroti Gode vs Prashant S/O Bhaskar Ingole And ...
2023 Latest Caselaw 2516 Bom

                                                           1                             914-wp-1604-23.odt


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

                                  WRIT PETITION NO. 1604/2023

                           Sitaram s/o Maroti Gode and others
                                           Vs.
                          Prashant s/o Bhaskar Ingole and others

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

                                  Mr. A.P. Bhuibhar, Advocate for petitioners


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 15th MARCH, 2023

Heard Mr. Bhuibhar, learned counsel for the petitioners.

2. The petition by the original defendants, challenges the order below Exh.5 dated 29/04/2015, passed by trial Court (page 55), holding that the plaintiffs are in actual physical possession of the suit property which is survey No.77 admeasuring 3.76 HR situated at village Ghonsi, Tah. Kelapur and therefore, restraining the defendants / petitioners from obstructing the peaceful possession of the plaintiffs over the suit property till the decision of the suit. In arriving at the finding, the Court has noted that the revenue records, indicated that the plaintiffs were in cultivating possession.

2 914-wp-1604-23.odt

3. The learned District Judge in appeal by his judgment dated 20/12/2022 has also recorded a finding that prima facie since 2004-05 it is the plaintiffs, who are in possession of the suit field. Nothing has been placed on record in the present petition or brought to my notice, to enable me to take a different view from that which has been taken by the Courts below, considering which, the petition is dismissed. No costs.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:15.03.2023 15:42