Bhusaheb Dagadu Kapse And Others v. Prabhakar Shantwan Kapse And Others

Mrs Ankush 1 WP 8314.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8314 OF 2018 BHUSAHEB DAGADU KAPSE AND OTHERS

VERSUS

PRABHAKAR SHANTWAN KAPSE AND OTHERS ...

Advocate for Petitioners : Mr.Manoj Dond Patil h/f C K Shinde Advocate for Respondents 1-12 : Mr A S Gandhi ...

CORAM : N.M. JAMDAR, J.

Dated: November 27, 2018 ...

PER COURT :- Te petitioners have challenged the concurrent judgment and orders passed by the learned Civil Judge and the learned District Judge granting injunction against the petitioners-defendants in favour of the respondents-plaintiffs.

2.

Te learned counsel for the petitioners submits that both the Courts were in error in not considering that the map produced by the respondents-plaintiffs does not show any road and that no encroachment is caused by the petitioners. It is contended that map

Mrs Ankush 2 WP 8314.2018 produced by the respondents-plaintiffs is not reliable. 3.

Te respondents-plaintiffs have produced and relied upon the map prepared by the Government authorities. Te petitioners have not produced any documentary evidence to counter the same. As regards the road, the learned counsel for respondents has pointed out the map, which shows the road and respondents-plaintiffs have also given an undertaking that use of the road by the petitioners is not being objected. Taking into consideration this position, both the Courts have granted an order of injunction. Tere is no perversity in the use of discretion by the both the Courts. Writ petition is rejected. ( N.M. JAMDAR, J. ) ...