Abasaheb Namdeo Lad v. Mohansing Gangaram Lad

17-wp-719-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.719 OF 2018 ABASAHEB NAMDEO LAD

VERSUS

MOHANSING GANGARAM LAD ...

Advocate for the Petitioner : Shri S. K. Chavan Advocate for the Respondent - sole : Shri V. A. Bagal ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 18th MARCH, 2019.

...

PER COURT :

1.

This matter has been consistently adjourned at least on six occasions in between July 2018 till March 2019. 2.

I have heard the learned Advocates for the petitioner and the respondent. This Court has not granted any interim relief to the petitioner.

3.

The learned Advocate for the respondent had made a statement on 06/02/2018 that there is no question of interfering with the petitioner's activities or disturbing his possession.

17-wp-719-18.odt 4.

The petitioner is aggrieved by the judgment of the Appellate Court dated 03/11/2017, by which, MCA No.39/2017 filed by the sole defendant, was allowed and the injunctory order dated 26/07/2017 passed by the Trial Court in RCS No. 271/2016, has been quashed and set aside. 5.

Considering the above, this petition is disposed off as the defendant does not intend to interfere with the petitioner plaintiff and does not intend to disturb his possession. Both the parties shall, therefore, avoid a face off and shall not disturb each other so as to enable the Trial Court to decide the suit expeditiously.

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