Nivratti Nagnath Kamble Died Lrs Mathurbai Nivaratti Kamble And Others v. Narsing Nagnath Kamble And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 92 OF 2019 NIVRATTI NAGNATH KAMBLE DIED LRS MATHURBAI NIVARATTI KAMBLE AND OTHERS

VERSUS

NARSING NAGNATH KAMBLE AND OTHERS ...

Advocate for Petitioners : Mr. Chavan Sudhir K. ...

CORAM: S. V. GANGAPURWALA, J.

DATE:

th JULY, 2019 PER COURT:

1.

Heard Mr. Chavan, learned Counsel for the Petitioners.

2.

The petitioners are the original plaintiffs had filed suit for partition along with an application for temporary injunction. The application for temporary injunction is rejected. The appeal filed by the petitioner is dismissed on 20.02.2016.

3.

For four years, the petitioners are not armed with the order of injunction. Even otherwise, the

2 wp 92.19 observations made at the interlocutory stage are only prima facie in nature. The Court has to decide the suit on the basis of the evidence adduced. Considering the concurrent orders, I am not inclined to exercise the writ jurisdiction. 4.

Writ Petition is disposed of. No costs.

[S. V. GANGAPURWALA, J.] marathe