Thomas Fransis Lopes v. Frank Augustin Lopes And ORS

14-wp-928-23 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 928 OF 2023 Thomas Fransis Lopes ..Petitioner

Versus

Frank Augustin Lopes & Ors.

..Respondents __________ Mr. R. S. Datar i/b. Druti Datar for Petitioner. Mr. Udayan Mukherjee i/b. Kavita Singh for Respondent Nos.1 to 4.

Mrs. Concesao Thomas Lopes, wife of the Petitioner present. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 21 APRIL 2023 PC :

1.

Learned counsel for the Respondents, on instructions, makes a very fair statement that the Petitioner who is the original Plaintiff shall not be obstructed from using the water from the bore-well installed at the back side of the suit premises. The statement is recorded and accepted. He also states that, for maintenance purposes only the Plaintiff-Petitioner will be allowed to access the bore-well pump which is located at the back side of the house. This statement is also recorded and accepted. Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.04.24 16:18:47 +0530 VINOD BHASKAR GOKHALE 2.

In view of these statements, learned counsel for the

14-wp-928-23 Petitioner, on instructions, does not press this petition. 3.

The Petition is disposed of as not pressed.

4.

It is clarified that the aforesaid statements shall be effective till conclusion of the suit. All the contentions raised by both the sides are left open to be decided during hearing of the suit.

(SARANG V. KOTWAL, J.)