Mr. Kailash Prakash Tambe v. Mr. Raju Digambar Tambe And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1843 OF 2017 Mr. Kailash Prakash Tambe ...

Petitioner V/s.

Mr. Raju Digambar Tambe and Ors.

...

Respondents ------------------- Mr. Sandip R. Khurkute for petitioner.

Ms. Shweta Gupta i/by Mr. Sachin B. Chandan for respondent nos. a and b.

Mr. Vijay Patil for respondent nos. c and d.

--------------------- CORAM : SUNIL B. SHUKRE & M.W. CHANDWANI, J.J.

DATE : 23rd JANUARY 2023.

P.C. :

.

Heard learned counsel for the petitioner and learned counsel for respondents (c )and (d).

2.

We find that the petitioner has not filed on record any title document or any ownership document showing his ownership in respect of the subject piece of land.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2023.01.25 14:42:32 +0530 VARSHA DEEPAK GAIKWAD 3.

Besides, the dispute involved here pertains to removal of encroachment on the piece of land, of which, the petitioner states, the petitioner is the owner. Such a dispute would necessarily involve 19-wp-1843-2017.doc varsha

disputed questions of fact, which can be adjudicated upon properly only by Civil Court of competent jurisdiction. 4.

In the circumstances, we find that the petition is not maintainable. The petition stands dismissed with liberty to the petitioner to take recourse to such remedy as is available in law, if so advised. No costs.

(M.W. CHANDWANI, J) (SUNIL B. SHUKRE, J) 19-wp-1843-2017.doc varsha