Rushikesh Prakash Kharole And Another v. Chandrashekhar Subhash Kharole And Others

913-WP-9726-2018 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 9726 OF 2018 RUSHIKESH PRAKASH KHAROLE AND ANOTHER

VERSUS

CHANDRASHEKHAR SUBHASH KHAROLE AND OTHERS .....

Advocate for Petitioners : Mr. L. V. Sangeet h/f Mrs. M. L. Sangeet .....

CORAM : V. K. JADHAV, J.

DATED : 20th November, 2019 PER COURT:- 1.

Heard learned counsel for the petitioner. It appears that the petitioner, who is the original plaintiff, has filed the application Exhibit 85 in pending Regular Civil Suit No. 120 of 2011 for interim possession of the suit shop. It appears that in the suit seeking the relief of declaration and permanent injunction, this application Exhibit 85 has been submitted for interim possession. There is no reason to entertain the application Exhibit 85. Learned trial court has rightly rejected the application. There is no reason to interfere in the said reasoned order. The Writ Petition is liable to be dismissed on this count alone. Hence, the following order:

ORDER

The Writ Petition is hereby dismissed. No costs. ( V. K. JADHAV, J.) vre/