Prakash Vasudeo Rakh And Another v. Laxmikant Sonajirao Deshmukh And Another

{1} 918-WP-5180-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5180 OF 2022 Prakash Vasudeo Rakh And Another Petitioners

Versus

Laxmikant Sonajirao Deshmukh And Another Respondents Mr. Bhargav Kulkarni, Advocate for the petitioners. Mr. P.R. Katneshwarkar h/f. Mr. S.P. Pandav, Advocate for respondent No. 1.

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[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 2 nd AUGUST, 2023 ORDER :

1.

Petitioners are aggrieved by the order passed by learned Principal District Judge, Beed in Miscellaneous Civil Appeal No. 13/2021, thereby partly allowing the appeal and setting aside the order passed below Exhibit-5 in Regular Civil Suit No 5/2020, by learned Civil Judge, Junior Division, Patoda. 2.

Having heard the learned advocate for the petitioners and learned advocate for the respondents and on going through the memo of writ petition, annexures and the impugned order, this Court is of the considered view that no interference is called for in the order impugned in the present petition. 3.

The Appellate Court has directed the Trial Court to get the survey of the suit property done and to call Bhagyawant Punde

{2} 918-WP-5180-2022 Commissioner's report and after receipt of survey report, the Trial Court is given liberty to decide the application Exhibit-5 de novo, or if the parties are willing and agreed, then to decide the suit finally. Respondents are also directed not to obstruct peaceful possession of the appellants over the suit property till the order is passed below Exhibit-5.

4.

It is informed at the bar that the exercise directed by the Appellate Court is not carried out till today. 5.

In that view of the matter, the Trial Court shall implement the directions given in clause 3 in the order of Appellate Court. The same shall be done within a period of four weeks from the date of receipt of writ of this order. After receipt of Commissioner's report, Trial Court shall decide application Exhibit-5 de novo, without being influenced by the observations of the first Appellate Court.

6.

Directions in clause 4 of the Appellate Court's order shall be subject to the final decision of application Exhibit-5. 7.

With these observations, writ petition is disposed of. [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde