Kashinath Shankar Talpe And Others v. Sahadu Vishnu Sonawane

926 WP NO 14557 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14557 OF 2019 KASHINATH SHANKAR TALPE AND OTHERS

VERSUS

SAHADU VISHNU SONAWANE ...

Advocate for the Petitioners : Mr.K. N. Shermale Advocate for Respondent : Mr.R.K.Temker ...

CORAM

:

RAVINDRA V. GHUGE, J.

DATE :

3rd December, 2019.

PER COURT :- 1.

This matter was heard for quite some time.

2.

Before I could commence the dictation of order after indicating to the petitioners that this petition is being dismissed, the learned Advocate for the petitioners submits that live trees in the suit property and a well with the pipeline should be protected and the petitioners desire to withdraw this petition.

3.

Learned Advocate for the respondent submits

926 WP NO 14557 of 2019.odt that the injunction granted by the Trial Court will have to be respected by all the parties and he would not cut down the trees or destroy the well or the pipeline. The dilapidated shade, which is not prepared even out of tin sheets, is dis-functional and that would be cleared up by the respondent.

4.

In view of the above, this petition is disposed off as withdrawn on instructions. The injunction order dated 03/10/2019 shall be respected by all the parties and the defendants shall not interfere with the possession of the plaintiff. The plaintiff shall protect the trees and the well to the extent it is possible for him keeping in view his age of 80 years and he residing in Taluka Junnar, District Pune.

5.

Needless to state, the Trial Court would decide the suit on its own merits.

(RAVINDRA V. GHUGE, J.) SSTare