Vijay Narayan Deshpande v. Kalabai Laxman Khandare Died Th Lrs Shivaji Laxman Khandare And ORS

1 937SA590-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 590 OF 2011 WITH CIVIL APPLICATION NO.13558/2011 IN SECOND APPEAL NO.590/2011 WITH CIVIL APPLICATION NO.2153/2017 IN SECOND APPEAL NO.590/2011 Vijay s/o Narayan Deshpande ..APPELLANT versus Kalabai Laxman Khandare died Through L.Rs.Shivaji Laxman Khandare and Ors ...RESPONDENTS ---- Mr. S.V. Natu, Advocate for Appellant Mr. S.S.Manale, Advocate holding for Mr.P.F.Patni, Advocate for Respondents CORAM : NITIN W. SAMBRE, J.

DATED : 22nd NOVEMBER, 2017.

ORAL ORDER :- 1.

This appeal is against concurrent findings recorded by both the Courts below in relation to the prayer for perpetual injunction.

2.

It appears to be position on the record that while claiming the relief of injunction, the appellant has failed to

2 937SA590-11 establish his title to the suit property before the Courts below.

3.

The appellant has neither entered the into the witness box nor proved the title by producing the documentary evidence.

4.

In view of above, the refusal to grant perpetual injunction by the Courts below does not call for any interference. The appeal as such stands dismissed. 5.

Objection of costs is waived.

6.

In view of dismissal of second appeal, pending civil applications do not survive and stands disposed of. (NITIN W. SAMBRE, J.) mta/-