Limbaji Yada Yamgar v. Shrirang Yada Yamgar And Another

2025:BHC-AUG:35593 971-wp-6073-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6073 OF 2022 Limbaji Yada Yamgar

VERSUS

Shrirang Yada Yamgar And Another ...

Advocate for the Petitioner : Mr. Narvane Shashikant D. & Mr. Surendra V. Suryawanshi Advocate for Respondents : Mr. Phad Avinash A. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 16, 2025 PER COURT :

1.

Heard learned counsel for respective parties. 2.

By way of present petition, the petitioner assails the order dated 04.11.2020 passed below Exhibit-8 by the learned C.J.J.D., Parli-Vaijnath in Regular Civil Suit No.105 of 2020 filed by the petitioner/plaintiff for grant of temporary injunction which came to be rejected. The said order was confirmed by the learned District Judge, Ambajogai by order dated 16.03.2021 passed below Exhibit-54 in Misc. Civil Application No.29 of 2020.

3.

Learned counsel for the petitioner submits that the suit was filed for declaration and cancellation of the registered sale deed and in that, application below Exhibit-8 came to be filed. Though the sale deed was executed, the petitioner has not parted possession to the defendants. Therefore, on that count, the application Exhibit-8 came to be rejected.

971-wp-6073-2022.odt (2) 4.

The learned Trial Court by recording findings that the plaintiff has failed to prove that he was in exclusive possession, on the contrary, the findings are recorded that defendants claim is based on the registered sale deed.

5.

I do not find any reason to interfere with the order dated 04.11.2020 passed below Exhibit-8 by the learned C.J.J.D., ParliVaijnath in Regular Civil Suit No.105 of 2020 and order dated 16.03.2021 passed below Exhibit-54 in Misc. Civil Appeal No.29 of 2020.

6.

In view thereof, the petition is dismissed. No order as to cost.

(SIDDHESHWAR S. THOMBRE, J.) Mujaheed//