Magdum Ajamsaheb Thodge And Others v. Sarubai Pandhari Suryavanshi And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 2 WRIT PETITION NO.8289 OF 2018 MAGDUM AJAMSAHEB THODGE AND OTHERS

VERSUS

SARUBAI PANDHARI SURYAVANSHI AND OTHERS ...

Advocate for Petitioners : Ms.Dube Anjali (Bajpai) AGP for Respondents:

Mr. Dhanure Bramhanand M. For R No. 1 to 3. . --- CORAM : P.R. BORA, J.

DATED : 15th July, 2019.

PER COURT:- 1.

The petitioners have preferred the present petition being aggrieved by order dated 28th June, 2018 passed by 3rd Joint Civil Judge, Junior Division, Udgir below application at Exh. 32 in RCS No. 185/2017.

2.

The aforesaid application was filed by the petitioners seeking police aid for implementation of the injunction order passed below Exhibit-5 on 16th August, 2018. The learned trial Judge has rejected the said application.

3.

When the present petition was taken up for hearing today, learned counsel appearing for Respondent Nos. 1 to 3, submitted that the said

(2) respondents will not cause any obstruction, if the petitioners intend to carry out sowing operations and further agricultural activities/work in the land admeasuring 2 hectares and 40 Ares, which is the subject matter of RCS No.185/2017.

4.

In view of the undertaking so given, the petition can be disposed of.

5.

The other respondents though are duly served, have not caused their appearance in the matter. From the applications which are preferred by the present petitioners to the police, it is revealed that allegations were made against present Respondent Nos. 2 and 3 only. Since a statement has come on record from Respondent Nos.2 and 3, the present petition is disposed of in view of the statement made by Respondent Nos. 2 and 3, as aforesaid.

(P.R. BORA) JUDGE BDV