Karbhari Dagau Jadhav v. M/S. Sindhudurg Estates Pvt. Ltd. And ORS

by SHALIKRAM PRALHADRAO BOREY Date:

2022.07.01 17:19:20 +0530 SHALIKRAM PRALHADRAO BOREY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION 6488 OF 2022 Karbhari Dagau Jadhav ... Petitioner.

Versus

M/s.Sindhudurg Estates Pvt. Ltd., ... Respondents.

& Others.

WITH WRIT PETITION 6486 OF 2022 Karbhari Dagau Jadhav ... Petitioner.

Versus

M/s.Sindhudurg Estates Pvt. Ltd., ... Respondents.

& Others.

--- Mr. Nikhil Sakardande, Senior Advocate i/by Mandar Soman for the Petitioner in both the Petitions.

Mr. Rajiv Chavan, Senior Advocate i/by Jagdish G. Aradwad (Reddy) for Respondent 1.

Mr. Ashish Kamat, Advocate i/by Jagdish G. Aradwad (Reddy) for Respondent 2.

Mr. Surel Shah, Advocate i/by Minakshi Surve for Respondents 3 to 5.

--- CORAM : ROHIT B. DEO, J.

DATE : JUNE 30, 2022 P.C. :- 1.

After elaborate submissions, with the cooperation and the intervention by the learned counsel for the parties, the 1/3

following workable arrangement is arrived at, which shall substitute the order of mandatory injunction dated 24.05.2022 which is impugned.

2.

The map, reflecting the mutually accepted arrangement, is taken on record and marked Exhibit "A". The parties agree I that the container shall be placed at location marked in the map, near the existing school building, within 50 feet therefrom.

3.

The Petitioner agrees that he does not claim or assert any right in respect of the wall, which is shown in green and delineated by letters "A" to "B" and the said wall is, according to the Petitioner, outside the suit property. 4.

The hearing of the Appeals 28 of 2022 & 27 of 2022 shall be expedited.

5.

The learned Appellate Court is requested to finally dispose of the Appeals within six months, uninfluenced by the observations in the order impugned.

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6.

The Writ Petitions are disposed of in terms of the above arrangement.

(ROHIT B. DEO, J.) .....

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