Smt. Chhya Arvind Dheb And ANR v. Shri. Prakash Pandurang Pawad (Dheb) And ORS

Tikam 1/2 16- WP 7408 of 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7408 OF 2022 Smt. Chhya Arvind Dheb and Anr.

....Petitioners Vs.

Shri Prakash Pandurang Pawad (Dheb) and Ors.

....Respondents ----- Mr. Akshay R. Kapadia, Advocate for the Petitioners CORAM : SANDEEP K. SHINDE, J.

MONDAY,10THOCTOBER, 2022.

P.C. :

1.

Pending suit for partition, instituted by the Petitioners, the Trial Court declined to restrain the Defendants from making construction on the suit land Gat No.569. Appellate Court affirmed the view of the Trial Court. Therefore, this petition is preferred against the order dated 15th March, 2022 passed in Misc. Civil Appeal No. 49/2020. Two court, declined the interim relief, as sought, reason being, the suit land was subject to decree in partition suit No. 99/2004, instituted by the Respondents herein. Pleadings in plaint in the Regular Civil Suit No. 99/2004, fortify this fact. In that view of the matter, no interference is called for in the impunged order. Petition is dismissed.

Tikam 2/2 16- WP 7408 of 2022 2.

The Trial Court shall endeavour to decide the suit expeditiously.

(SANDEEP K. SHINDE, J.) VAISHALI ANIL TIKAM by VAISHALI ANIL TIKAM Date: 2022.10.11 18:09:56 +0530