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Bombay High CourtWP/7356/2022disposed off

Kisan Ganpat Shinde And Another v. Saheba Yashwant Shinde

2022-09-05Hon'Ble Shri Justice Sandeep V. Marne2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 WRIT PETITION NO.7356 OF 2022 KISAN GANPAT SHINDE AND ANOTHER

VERSUS

SAHEBA YASHWANTA SHINDE ...

Advocate for Petitioners : Mr. Vikram S. Undre ...

CORAM : SANDEEP V. MARNE, J.

DATE : 05-09-2022 PER COURT :

.

By way of present petition, the petitioner challenges judgment and order dated 30.11.2016 passed by the District Judge-1, Beed dismissing Misc. Civil Appeal No.67 of 2012. The petitioner also challenges the order passed by the Civil Judge, Junior Division, Patoda, Dist. Beed, by which the application for temporary injunction below Exh.5 filed in Regular Civil Suit No.53 of 2012 came to be allowed.

2.

Thus, the judgment and order of the District Judge-1, which is impugned in the present petition is passed on 30-11-2016, whereas the present petition is filed after period of five years i.e. on 27-01-2022. Even otherwise, the interim protection is operational since 16-07-2012.

3.

I, therefore, do not find any reason to exercise extra ordinary jurisdiction of this Court under Article - 227 of the Constitution of India.

4.

The Writ Petition is rejected. No costs.

( SANDEEP V. MARNE ) JUDGE GGP