Maruti Bhanudas Hinge Through Lrs Manjabapu Maruti Hinge And Others v. Dagdu Nana Hinge Through Lrs Suresh Dagdu Hinge And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14792 OF 2019 MARUTI BHANUDAS HINGE AND OTHERS

VERSUS

DAGDU NANA HINGE AND OTHERS ....

Advocate for the Petitioners : Shri N. V. Gaware ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 09th DECEMBER, 2019 ...

PER COURT :

1.

The Petitioner, original defendants in Regular Civil Suit No. 420/2018 are aggrieved by the order dated 07/10/2019 passed by the Trial Court, by which, application Exhibit 39 fled by the plaintif, has been allowed and the Court has granted police protection so as to enable the plaintifs to harvest the Bajra crop.

2.

I have heard the submissions of the learned Advocate for the Petitioners.

3.

It is well settled that the order of granting police protection is permissible in extreme circumstances and especially when there is a danger to the life or property of an individual. 4.

However, I fnd that the Bajra crop which has reached the stage of harvesting, is at stake since the Plaintifs alleged that the defendants are obstructing them from harvesting the crop. One cannot lose sight of the fact that a harvest in an agricultural season is the lifeline of the agriculturists and if the harvest is lost, the agriculturists would be in grave fnancial difficulties.

5.

The learned Advocate for the Petitioners makes a statement on instructions that they will not obstruct or interfere in the harvesting of the Bajra crop by the Respondent. The only request is that the quantity of the harvest and the sale

proceeds, should be accounted by the Respondents and such accounts be produced before the Trial Court, if so directed.

6.

In view of the above, this petition is disposed of by recording the said statement. The Respondents would proceed to harvest the crop and would maintain a record of the quantity of the yield and the sale proceeds.

(RAVINDRA V. GHUGE, J.) shp/-