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Bombay High CourtWP/9346/2024disposed off

Nanasaheb Ramrao Jadhav And Others v. Namdeo Shrivant Jadhav

2024-09-02Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:20346 9346.24WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 WRIT PETITION NO. 9346 OF 2024 NANASAHEB RAMRAO JADHAV & OTHERS

VERSUS

NAMDEO SHRIVANT JADHAV ...

Advocate for the petitioners : Mr.S.V.Gundre Advocate for the respondent : Adv.T.C.Sonawane h/f. Adv.D.A.Bide ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 02.09.2024 P.C. :

1] Heard the learned counsel for the petitioners. Regular Civil Suit No.19 of 2019 is filed by the plaintiff for perpetual injunction. In the said suit, the plaintiff has also moved an application for injunction against the petitioners / defendants. The trial Court has allowed the said application by order dated 24.04.2023. Against the said order, Misc. Civil Appeal is preferred by the petitioners before the Appellate Court.

2] The Appellate Court, on consideration of the

9346.24WP material produced on record, come to the conclusion that the plaintiff is in possession of the suit land and dismissed the appeal filed by the petitioners - defendants. Since prima facie finding of possession is in favour of the plaintiff as has been held concurrently by both the Courts, I do not see any perversity in the same and see no reason to interfere with the impugned order. Hence, the Writ Petition is dismissed. [ARUN R. PEDNEKER] JUDGE DDC