Dharmendra Mulchand Choudhari ... vs Yogesh Ashok Kirtane
2023 Latest Caselaw 10466 Bom

wp 6856.23.                                                                             1/2 4


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

                                Writ Petition No.6856/2023
                              Dharmendra and others V Yogesh
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders. *************************************************************************** Mr. S.V. Bhutada, Adv for petitioners.

CORAM : AVINASH G GHAROTE J.

DATE : 10-10-2023

Heard learned Counsel for the petitioner.

2. The petition questions the reversal of the order below Exh-5 granted by the trial Court dated 27-01-23 (pg

132) by the impugned judgment dated 06-10-23 (pg 149)

3. It is contended that the petitioner/plaintiff is the owner of plot no.138 admeasuring 136 Sq. mtrs (1680 Sq.ft), whereas the respondent is the owner of plot no.139, admeasuring 132 sq mtr (1420 sqft,). However, the document of title of the respondent, which is the gift executed by the father of the respondent on 28-12-2020 mentions the extent of land as 1500 sq.ft. as against which the document of title of the mother of the petitioner dated 01-06-2004 mentions the area of 132 Sq.mtr., which is the source of title of the father of the respondent. It is also contended that in the measurement done in 2014 which the respondent was witnessed the area in occupation of the petitioner was measured as admeasuring 126 sq.mtrs. to wp 6856.23. 2/2 4

which no objection has been taken by the respondent. The order below Exh-5 has been overturned, by the learned Appellate Court on the basis of document of title claimed to be of the predecessor of the petitioner which according to the appellate Court indicates the extent of area of Plot No.138 to be 75x20=1500 sq.ft. It is contended that this document is in relation to plot no. 181 and different mouza i.e mouza no.255, as against which the mouza of the present property is 85 and therefore could not have been relied upon.

4. Issue notice for final disposal, returnable on 17-10-2023.

5. The petitioner to serve the respondents by all modes permissible in law including hamdast.

6. Till the returnable date since the order below Exh-5 continued to operate till the decision of the appeal the same shall continue till 17-10-2023.

JUDGE

Deshmukh

Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 11/10/2023 14:24:53