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Bombay High CourtWP/923/2015disposed offdismissed for default

Bharat Vishwanath Raminwar v. Ramdas Pralhad Shakkarwar

2015-07-28Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 W.P.923.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 923 OF 2015 Bharat Vishwanath Raminwar ...PETITIONER versus Ramdas Pralhad Shakkarwar ...RESPONDENT .....

Mr. Ravindra B Narwade Patil, Advocate for Petitioner Mr. Anand B. Bhandari, Advocate for respondent .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 28th JULY, 2015 Order :- 1.

Learned counsel for respondent - original plaintiff submits that in view of order dated 11-02-2015 the respondent-plaintiff files an undertaking to the effect that he would not raise any permanent construction over the suit property till disposal of the suit. Having regard to the same, in case plaintiff fails in the suit, whatever temporary construction he may raise, would be demolished and brought down by him at his own costs and clear and vacant piece of land would be handed over.

2.

Having regard to the dispute and since it has been informed that plaintiff has already tendered affidavit of examination-in-chief, Civil Judge, Senior Division, Nanded to dispose of Regular Civil Suit No. 96

2 W.P.923.15 of 2010, as expeditiously as possible, preferably within a period of six months, from the date of receipt of writ of this order. However, observations appearing hereinabove, shall not influence decision making in the suit.

3.

With these directions, writ petition stands disposed of. Sd/- ( SUNIL P. DESHMUKH, J. ) MTK