Nilabai Gaddecha Lachan v. 1. Maharashtra Shashan Through Jilhaadhikar, Solapur. And ORS

23 cas 1802-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1802 OF 2013 IN SECOND APPEAL NO. 418 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Kothari for the applicant.

Mr. Anand Kulkarni for the respondent nos. 2 & 3. CORAM : K. K. TATED, J.

DATED : 19/10/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is filed by plaintiff for an order of injunction restraining the respondents from entering on the suit property i.e. Gat No. 256/4 situated at Navingadi Taluka Akkalkot, Dist: Solapur and installing electric motor on the well for providing water to the villagers.

In the present proceeding, the respondent Gram Panchayat filed Affidavit in reply dated 24.06.2015. In paragraph 5 to 8, they specifically stated that electric motor is already installed and they are using the water for providing the villagers Sneha Chavan 1/2

23 cas 1802-13=.doc for last several years.

Considering the submissions made by learned Counsel for the applicant, averments made in Civil Application and considering the Affidavit in reply filed by Gram Panchayat, particularly paragraph 5 to 8, it is crystal clear that the respondent Gram Panchaya is using the water of the well for providing to the villagers. For that purpose, they already installed electric motor with switch board (starter). In view of these facts, I do not find any substance in the present Civil Application. Same stands rejected.

(K.K.TATED, J.) Sneha Chavan 2/2