Sakharam Laxman Garudkar v. Ramchandra Baban Pawar And Another

wp385.17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 385 OF 2017 SAKHARAM LAXMAN GARUDKAR

VERSUS

RAMCHANDRA BABAN PAWAR AND ANOTHER Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

S.B. SHUKRE,J.

DATED :

08.03.2017 Mr. S.B. Bhosle, Advocate for the petitioner.

1.

Heard. It is stated that there is specific prayer made in the plaint regarding removal of encroachment. I have gone through the prayer clauses "A" & "B", which are relevant clauses, to satisfy myself as to whether the contention is correct or not. However, there is disappointment.

The contention is not correct.

Therefore, the impugned order, which is passed on the ground that there is no specific prayer for removal of encroachment and the suit is basically

wp385.17 for injunction and removal of future encroachment, if any, cannot be said to be patently illegal or perverse.

2.

The writ petition stands summarily dismissed with costs.

[S.B. SHUKRE,J.] /2017/ 17/ snk MAR wp385.17