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Bombay High CourtWP/2374/2021disposed off

Shri. Virshaiv Lingayat Kore Patil Samaj Mandal v. Shri. Rajgonda Khangonda Patil

2021-08-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

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22. WP 2374.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2374 OF 2021 Virshaiv Lingayat Kore Patil .....

Petitioner Samaj Mandal Vs.

Shri. Rajgonda Khangonda Patil ....

Respondent Mr. Umesh R. Mankapure for Petitioner Mr. Priyal Sarda for Respondent Coram : NITIN W. SAMBRE, J.

Date : 9TH AUGUST, 2021 P.C.:

1.

Heard Mr. Mankapure at length.

2.

Both the Courts below have concurrently held that the Petitioner/Plaintiff has failed to establish prima facie case as the claim in the suit does not match with the schedule of the property, which has been mentioned in the registered Gift-Deed dated 18th July, 2005. Apart from above, it is also noticed that the claim is purforth belatedly. That being so, no interference is called for. The Petition as such dismissed.

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22. WP 2374.2021.doc 3.

Liberty to the Petitioner to mention before the Court below for expeditious hearing of the suit.

( NITIN W. SAMBRE, J.)