Bombay High CourtWP/13140/2017disposed offdismissed for default

Babasaheb Vithoba Randve And Others v. Vasant Mahadeo Chavan

2017-11-14Hon'Ble Shri Justice V.K. Jadhav1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 13140 OF 2017 BABASAHEB VITHOBA RANDVE AND OTHERS

VERSUS

VASANT MAHADEO CHAVAN ...

Advocate for Petitioners : Mr. Latange V.P.

...

CORAM : V.K. JADHAV, J.

Dated: November 14, 2017 ...

PER COURT :- I do not find any substance in this writ petition. Respondent/original Plaintiff has instituted a suit simplicitor for perpetual injunction and the present petitioners-original defendants have not filed any counter claim. Respondent-plaintiff has not disputed the boundaries nor claimed any encroachment over the portion of the suit land by the petitioners-defendants. In view of the same, trial court has rightly rejected the application of the defendant seeking appointment of the Court Commissioner. I do not find any fault in the order passed by the learned Judge of the trial court. Writ Petition is hereby dismissed. No costs.

( V.K. JADHAV, J. ) ...