Vijaya W/O Ghanshyam Hatwar, Thr. ... vs Abhilasha W/O Ashwin Chahande, ...
2023 Latest Caselaw 3238 Bom

                                                                                               (1)                                                  11wp2049.23

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

                                              WRIT PETITION NO. 2049 OF 2023
  Vijaya Ghanshyam Hatwar__ Vs. ___Abhilasha Ashwin Chahande thr POA and ors

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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. A.V.Pande, Advocate for petitioner



                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     30/03/2023


                                               1]                           Heard Mr. Pande, learned counsel for the
                                               petitioner.


                                               2]                           The petition challenges the judgment

dated 9.3.2023 passed by the Appellate Court (pg.195), reversing the order below Exh.5 passed by the learned Trial Court dated 7.10.2022 (pg.156) rejecting the application Exh.5 for injunction, and granting the same.

3] It is contended that the respondent no.1/ plaintiff, claims to be an allottee of a plot in the layout laid upon Khasra No.57/2 by the respondent nos. 2 to 5/original defendant nos.1 to 5, on the basis of the sale deed dated 6.10.2018 executed by the present petitioner in favour of the respondent

(2) 11wp2049.23

nos. 2 to 5. It is further submitted that the sale deed dated 6.10.2018 came to be cancelled on account of a compromise decree having been passed in SCS No. 219/2020 on 11.3.2020 and therefore, the respondent no.1 would have no semblance of any legal right in the property and therefore, any receipt claimed to have been executed by the respondent nos.2 to 5 in her favour would not bind the present petitioner. It is also submitted that the respondent no.1 had also approached the Consumer Court by way of a Complaint No. 236/2021 (pg.69), which is still pending.

4] Issue notice for final disposal, returnable in two weeks.

5] Petitioner to serve the respondents by all modes. Hamdast granted.

JUDGE Rvjalit