Balwant Sakharam Shevade And ORS. v. Eknath Shripati Khot And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.27218 OF 2014 Balwant Sakharam Shevade and Ors.

.. Applicants V/s.

Eknath Shripati Khot and Ors.

.. Respondents Mrs.Vrushali Penkar I/b Mr.Bhushan Walimbe for the applicants

CORAM:

K.K. TATED, J DATED :

NOVEMBER 29, 2018 P.C. :

Heard.

By this petition under Article 227 of the Constitution of India, the Petitioner challenges the concurrent finding of fact recorded by both the courts below.

In the present proceedings, Petitioner original plaintiff, filed Regular Civil Suit No. 3 of 2014 before the Civil Judge, Junior Division Shirala for cancellation of registered sale deed dated 12.11.2013 in favour of Respondent nos.1 to 3 original defendants and also injunction from disturbing Petitioner's possession in respect of the suit property which is described in paragraph 1 of the plaint. In that suit, Petitioner preferred Application below Exhibit-5 for injunction restraining Mohite 1/2

29 wpst27218-14.doc Respondent from disturbing their possession till the hearing and final disposal of the suit. Both the courts relied on Exhibit- 47 and held that Petitioner failed to prove the possession in respect of open plot of land and rejected Petitioner's Application for injunction.

Considering the concurrent finding of fact recorded by both the courts relying on Exhibit-47, I do not find any reason to entertain present Writ Petition under Article 227 of the Constitution of India. Hence, Writ Petition stands rejected. Considering the facts and circumstances of the present case, hearing of Regular Civil Suit No. 3 of 2014 is expedited. (K.K. TATED, J.) Mohite 2/2