Chandrakant Vinayak Sabale And ... vs Dnyandev Tukaram Sabale Thr Poa ...
2023 Latest Caselaw 10235 Bom

2023:BHC-AS:29142
                                                                             22-wp6761-2022.doc


                    AGK
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO.6761 OF 2022


                    Chandrakant Vinayak Sabale & Ors.            ... Petitioners
                               V/s.
                    Dnyandev Tukaram Sabale, through
                    Power of Attorney & Ors.                     ... Respondents


                    Mr. Dhananjay D. Rananaware for the petitioners.
                    Mr. Abhijeet Desai with Mr. Dilip Bodake, Mr. Vikrant
                    Shinde and Mr. Sharad T. Bhosale for respondent No.1.



                                                CORAM : AMIT BORKAR, J.

                                                DATED     : OCTOBER 4, 2023
                    P.C.:

1. Arguable questions are raised. Hence, Rule.

2. It prima facie appears that the sale deed in favour of respondent No.1 is of the year 1981. According to defendant No.1, old house is demolished and in that place new house is being constructed. According to defendant No.1, rest of the co-sharers have sold their shares to third parties. Therefore, in my opinion, the judgment in Jai Singh & Ors. v. Gurmej Singh reported in 2009 (15) SCC 747 is applicable to the facts of the case. Prima facie, third party purchaser has been in possession of the property from 1981. Hence, no interim relief can be granted in favour of the petitioners.

22-wp6761-2022.doc

3. However, it is made clear that the construction which is the subject matter of present writ petition shall be subject to final decision in the suit and defendant No.1 shall not claim any equities based on the construction carried out during pendency of the suit.

4. Pendency of the present writ petition shall be preclude the Trial Court from deciding the suit on merits.

5. The Trial Court to decide the suit as expeditiously as possible.

(AMIT BORKAR, J.)