Chandrakant Bhagwan Sutar And ORS. v. Ammanna Sharanappa Sutar And ANR.

12.wp.8832.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8832 OF 2016 Chandrakant Bhagwan Sutar & Ors.

...Petitioners

vs Ammanna Sharanappa Sutar & Ors.

...Respondents

.....

Mr R.S.Alange for the Petitioner Mr Ashutosh Kulkarni for Respondents .....

CORAM : N. M. JAMDAR, J.

26 OCTOBER, 2016 P.C. :

The Petitioner has challenged the order passed by the learned District Judge, Solapur, granting temporary injunction in favour of the Respondents / Plaintiffs by reversing the order passed by the learned Civil Judge. The suit has been filed by the Respondents / Plaintiffs in respect of City Survey No.179 situated at village Mandrup, Solapur. During the proceedings, the Petitioner has taken categorical stand that the Petitioner has concern only with City Survey No.180 and has nothing to do with City Survey No.179, which stand has been recorded by the both Courts. A map has been annexed to the Written Statement. Learned counsel for the Respondents/ Plaintiffs also states that going by the map, which is annexed to the Written Statement by the Petitioner, the Respondents / Plaintiffs have no intention to Pg 1 of 2

12.wp.8832.2016.doc disturb the possession of the Petitioner as regards City Survey No.180 as depicted in the map, under the injunction which is been granted. In view of this position it is not necessary to interfere with the impugned order. If the Petitioner has any other substantive right over City Survey No.179, it is always open to the Petitioner to institute substantive proceedings. It is clarified that the impugned order is a interlocutory order and the observations made are prima facie. The Writ Petition is disposed of accordingly.

( N.M.JAMDAR J. ) Pg 2 of 2