Shaikh Nisar Shaikh Gulab v. Raunak Construction Thr Its Partner Navin Gokuldas Chandak And ORS

76-CP-43-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 43 OF 2023 IN CIVIL REVISION APPLICATION NO. 28 OF 2021 SHAIKH NISAR SHAIKH GULAB

VERSUS

RAUNAK CONSTRUCTION THR ITS PARTNER NAVIN GOKULDAS CHANDAK AND OTHERS ...

Mr. Javed Abdul H. Deshmukh - Advocate for Petitioner Mr. N.E. Deshmukh - Advocate for Respondent No.3 Mr. S.S. Kazi - Advocate for Respondent Nos.1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 20th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The learned counsel for the petitioner submits that, in view of statement made by the respondent no.2 in his affidavit-in-reply, the Petition can be disposed of. The relevant part of the said reply as pointed by the learned counsel for the petitioner speaks about statement of respondent no.1 that, it has not made any attempt to develop the property in dispute but only the wire fencing is done, so as to save the property 1/2

76-CP-43-2023 from encroachment and also from stray dogs.

3.

The learned counsel for the respondent nos.1 and 2 candidly accepted the said position and submitted that, the respondent no.1 has not done any attempt to develop the disputed property contrary to the direction. Thus, in view of the same, the Petition stands disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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