Bombay High CourtWP/1382/2017disposed offdismissed for default

Karbhari Sahebrao Bhise v. Keshav Subhash Bhise And Others

2017-02-08Hon'Ble Shri Justice S. B. Shukre1 pages

{1} wp138217.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1382 OF 2017 Karbhari s/o Sahebrao Bhise Petitioner

Versus

Keshav s/o Subhash Bhise and others Respondents Mr.D.G.Nagode, advocate holding for Mr.N.C.Garud, advocate for the petitioner CORAM : S.B.SHUKRE, J.

DATE : 08th February, 2017 PER COURT:

Heard learned Counsel for the petitioner.

There is no dispute about the fact that the suit, as filed by Respondents No.1 and 2, is only for declaration of ownership and grant of injunction. It is also not in dispute that there is no boundary dispute involved in this suit and neither of the rival parties has claimed any removal of encroachment.

In these circumstances, I do not see any illegality or arbitrariness in the impugned order.

Petition is dismissed summarily with costs.

S.B.SHUKRE JUDGE adb/wp138217