Sulochanabai Ramesh Chalke And Others v. Subhash Manikrao Sonar

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7132 OF 2016 01 Sulochanabai w/o Ramesh Chalke, age: 60 years, Occ: H.H.

02 Jyoti w/o Vasant Kidile, age: 45 years, Occ: H.H.

Both R/o At present Venkatesh Kirana Near Jijau Hostel, Mantri Nagar, Latur, Tq.Latur, District Latur.

03 Vasant s/o Madhavrao Kidile, age: 48 years, Occ: service, R/o Ujed, Tq. Shirur-Anantpal, District Latur.

Petitioners

Versus

Subhash s/o Manikrao Sonar, age: 62 years, Occ: Business, R/o Sakol. Tq. Shirur-Anantpal, District Latur.

Respondent Mr.N.D.Kendre, advocate for the petitioners Mr.M.B.Kolpe, advocate for the Respondent.

CORAM : S.B.SHUKRE, J.

DATE : 08th February, 2017 ORAL JUDGMENT :

Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. By the impugned order dated 21.06.2016, what has been granted is only police protection and that is in pursuance to

{2} wp713216.odt the order of temporary injunction dated 12.04.2016, which restraints the defendant from causing interference to the suit property. Now, it is the contention of the defendant that he is in possession of the suit property. Then, appropriate remedy, by way of filing an appeal, is available to the defendant and it would not be permissible for him to challenge the order dated 21.06.2016, which only grants police protection on the ground that such an order is obstruction to his assertion of possession of the suit property. In fact, the impugned order, in its present nature, neither causes any prejudice to him nor any such prejudice has been demonstrated before this Court. Writ Petition is without merit. In the result, writ petition stands dismissed. No costs. Rule discharged. It is observed that if such an appeal is filed, leave to seek appropriate remedy in the appeal proceedings. S.B.SHUKRE JUDGE adb/wp713216