Bapu Yashwant Shinde And ORS v. Dr. Subhash Tukaram Potdar And ORS

23.2268.20 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2268 OF 2020 BAPU YASHWANT SHINDE AND ORS ....PETITIONERS V/s.

DR. SUBHASH TUKARAM POTDAR AND ORS ...RESPONDENTS Mr. Manmath S. Athalye Advocate for the Petitioners Mr. Dhananjay Rananaware a/w Mr. Manjeet Lotankar Advocate for Respondent no. 1 CORAM :

NITIN W. SAMBRE, J.

DATE:

FEBRUARY 22, 2022.

P.C.:

1) Heard. Admittedly ancestors of the Petitioner-Defendant have executed sale deed in favour of predecessor-in-title of PlaintiffRespondent. Ancestors of the Petitioner claimed to have tenancy right inspite of which sale deed is executed and possession alleged to have been handed over in favour of Respondent. Recitals in the sale deed specifically speaks of transfer of title and handing over possession inspite of tenancy rights. That being so, in my opinion, order of grant of temporary injunction does not call for any interference. 1/2

23.2268.20 wp.doc 2) Petition as such, fails, stands dismissed.

3) Since the Suit is pending for last more than 5 years, hearing of the same is expedited.

[NITIN W. SAMBRE, J.] 2/2