Vitthal Govind Gaikwad And Others v. Shrikant Chandrashekhar Hiremath

906-WP-2111-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO. 2111 OF 2018 Vitthal Govind Gaikwad and others ... Petitioners.

Versus

Shrikant Chandrashekhar Hiremath ... Respondent.

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Mr. S.R. Shirsat, Advocate h/f Mr. Gajanan Sontakke, Advocate for the Petitioenrs.

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CORAM :

V.L.ACHLIYA, J.

DATED : 3rd APRIL, 2018 PER COURT:- 1.

Being aggrieved by the concurrent findings of fact recorded by the Courts below, the petitioners have preferred this writ petition.

2.

On due consideration of the submissions advanced in the light of the orders passed by the Courts below, I am of the view that no case is made out to interfere with the orders passed in exercise of writ jurisdiction under Article 227 of the Constitution of India. The orders passed by the trial Court as well as the appellate Court are reasoned and based upon due appreciation of the material on record. While exercising writ jurisdiction under Article 227 of the Constitution of India, the Court is

906-WP-2111-2018 expected not to interfere with the orders passed by the courts below unless the orders are perverse or without jurisdiction or arbitrary resulting in to gross miscarriage of justice. In my view, no such case is made out to invoke jurisdiction under Article 227 of the Constitution of India. I am, therefore, not inclined to entertain the petition.

3.

The petition is dismissed.

( V.L. ACHLIYA, ) JUDGE SPR