Bhagwat Fulchand Bondage v. Mannukumar Shrivastava And Others

2025:BHC-AUG:16330-DB 1 927 cp 194-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO. 194 OF 2020 IN WP/3625/2017 BHAGWAT FULCHAND BONDAGE

VERSUS

MANNUKUMAR SHRIVASTAVA AND OTHERS ...

Mr. Solanke Shrikrashna B., Advocate for the Petitioner Mrs. S. N. Deshmukh, AGP for Respondent-State Mr. Manale Satish S. Advocate for Respondent Nos.6 & 7 ....

CORAM : NITIN B. SURYAWANSHI AND SANDIPKUMAR C. MORE, JJ.

DATED : 25/06/2025.

P. C. :

1.

Advocate Mr. Manale appearing for respondent Nos.6 & 7, on instructions, submits that there were total 18 suits filed by the alleged encroachers, whose encroachments are sought to be removed at the instance of the present petitioner. Out of them, Regular Civil Suit No.49 of 2020 is decreed and the Grampanchayat, Tahsildar and District Collector are perpetually restrained from disturbing the peaceful possession of the plaintiffs over the suit properties. He further submits that interim reliefs are granted in favour of the plaintiffs in remaining 17 suits by the trial court, which are still operating. In view of these developments, we

2 927 cp 194-20 find that though there is delay on the part of the respondents in implementing the orders, there is no willful disobedience on the part of the respondents.

2.

By order dated 15/07/2019, contempt of which is claimed by the petitioner, he was directed to show his bonafide by depositing substantial amount with the Measurer and I case encroachment is found out, the same was to be returned to the petitioner. Admittedly, the petitioner has deposited an amount of Rs.10,500/- and upon measurement, encroachment was found there. In this view of the matter, Deputy Superintendent of Land Records, with whom the petitioner has deposited the said amount, shall refund it to the petitioner within a period of two weeks from the date of receipt of this order.

3.

With the above observations, the contempt petition stands disposed of.

(SANDIPKUMAR C. MORE, J.) (NITIN B. SURYAWANSHI, J.) VS Maind/-