Ramchandra Nivrutti More And ORS v. Arjun Rajaram Rupnawar Decd Thru Lrs

15-wp15695-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15695 OF 2023 Ramchandra Nivrutti More & Ors.

... Petitioners V/s.

Arjun Rajaram Rupnawar Since Deceased Through His Lrs.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.12.20 11:16:48 +0530 Mr. Rajaram V. Bansode for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 19, 2023 P.C.:

1.

By the impugned order, the Appellate Court has rejected petitioners' application for police protection. It appears that the petitioners challenged the decree for possession in a suit for partition. The Appellate Court granted conditional stay protecting petitioners' possession.

2.

According to the petitioners, they are in actual possession of the suit property. They, therefore, seeks liberty to file appropriate application under Order 39 Rule 1 of the Civil Procedure Code, 1908 for protection of their possession.

3.

If such application is filed, the Appellate Court is enjoined to decide such application in accordance with law. 4.

With the above clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)