Anita Govardhan Pawar And Others v. Gulmarg Housing Society Mushtafabad Through Its Chief Promoter

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.1176 OF 2021 ANITA GOVARDHAN PAWAR AND OTHERS

VERSUS

GULMARG HOUSING SOCIETY MUSHTAFABAD THROUGH IT'S CHIEF PROMOTER ...

Advocate for Petitioners : Mr. Bhadekar D.R.

...

CORAM : V.K. JADHAV, J.

Dated: January 21, 2021 ...

PER COURT :- 1.

I have heard the learned counsel for the petitioners at length.

2.

The petitioners/plaintiffs have instituted a suit bearing RCS No.416 of 2011 simplicitor for a decree of perpetual injunction. During the pendency of the suit, plaintiffs have fled an application exh.148 for certain relief. According to the petitioners/plaintiffs, the suit is fled for perpetual injunction in respect of gat no.71 (oold survey no.47) situated at village Satara, Tq. and District Aurangabad and the suit is based on title. Petitioners/Plaintiffs relied upon the registered sale deed dated 21.12.2004. According to the petitioners/plaintiffs

as per the averments in the plaint, measurement of the suit property was carried out on 13.7.2005, 10.9.2008 and 11.9.2008. Initially, on the basis of the application fled by the petitioners/plaintiffs, the trial court has issued summons to the witness of the offce of S.L.R, Aurangabad for evidence, however, the Deputy Superintendent of Land Records, Aurangabad has fled on record the letter dated 6.8.2019 at exh.139. It appears that record pertaining to the said measurement came to be destroyed in terms of the circular of the Settlement commissioner.

3.

The petitioners/plaintiffs have fled an application for examination of the witness from TILR offce Aurangabad by calling the record dated 21.9.2019. According to the petitioners/plaintiffs, the suit is principally based on the measurement dated 13.7.2005. The measurement dated 21.9.2019 is in continuation and similar to the measurement carried out in the year 2005. However, in my considered opinion, in a suit simplicitor for a decree of injunction, this exercise as

undertaken by the petitioners/plaintiffs by fling an application exh.148 is unwanted and uncalled for. I do not fnd any error in the impugned order passed by the trial court. Hence, following order.

O R D E R

Writ petition is hereby dismissed.

( V.K. JADHAV, J. ) ...