Shri. Abdul Gani Kasim Juwale v. Shri. Vithoba Dhondu More And ANR.

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7197 OF 2015 Abdul Gani Kasim Juwale ...

Petitioner Vs.

Vithoba Dhondu More and anr.

...

Respondents Mr. Saeed Kadu for Petitioner.

Mr. Suhas S. Deokar i/b. Mr. C. G. Gavnekar for Respondent No.1. CORAM : R. G. KETKAR, J.

DATE : 23RD JULY, 2015 P.C. :

Not on Board. At the request of Mr. Kadu, taken up in the production Board.

2.

Heard Mr. Kadu, learned Counsel for petitioner and Mr. Deokar, learned Counsel for respondent No.1 at length. 3.

By this Petition under Article 227 of the Constitution of India, original plaintiff has challenged the judgment and order dated 20.02.2015 passed by the learned Joint Civil Judge, Junior Division, Mangaon below exhibit-75 in Regular Civil Suit No.56 of 2010. By that order, the learned trial Judge rejected the application for appointment of Nimatandar for re-measurement of suit property or encroachment, if any.

4.

Mr. Kadu submitted that Deputy Superintendent of Land Records, Mangaon has carried out the measurement and has prepared the report. He relied upon the decision of this Court in the case of Gangadhar Mahadu Gajakas Vs. Shantilal Ubhaychand Gandhi, 2001 (3) Bom.C.R. 260. The learned trial Judge has rejected the application by observing that there is no provision for appointing Nimatandar under 1/2

WP7197_15.sxw C.P.C. The learned trial Judge also relied upon the decision of this Court in the case of Gangadhar M. Gajakas (supra). 5.

In view thereof, Mr. Kadu seeks permission to withdraw this Petition with liberty to file proceedings under the Maharashtra Land Revenue Code, 1966.

6.

In view thereof, on the motion made by Mr. Kadu, Petition is allowed to be withdrawn with liberty as prayed for. Grant of liberty shall not be construed as an expression on merits of the case. I have not examined the merits of the case. All the contentions of the parties are expressly kept open. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2