Rajan S/O Changoji Khobragade v. Hemantkumar S/O Shankarlal Mohabe

1 / 2 wp1074.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1074 OF 2018 Ranjan s/o Changoji Khobragade vs.

Hemantkumar Shankarlal Mohabe - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioner.

Shri. N. R. Rode, counsel for respondent.

CORAM : MANISH PITALE J DATED : 04/12/2019 None for the petitioner 2.

The learned counsel appearing for the respondent has invited attention of this Court to order dated 08/11/2017, passed by this Court in Writ Petition No.7142/2017, wherein identical issues were involved and the writ petition stood dismissed, thereby confirming the concurrent orders passed by the two Courts below directing eviction of the petitioner from the suit shop. It is informed by the learned counsel for the respondent that the present writ petition pertains to the adjacent shop and that possession has been taken by the respondent of the shop which is subject matter of the present writ petition.

3.

The order dated 24/02/2018 passed by this Court

2 / 2 wp1074.18 shows that only notice was issued and no interim order was passed in favour of the petitioner. It appears that in the absence of any interim protection granted, the respondent has executed the decree passed in his favour concurrently by the two Courts below and taken possession of the suit shop in accordance with law.

4.

As noted above, none has appeared on behalf of the petitioner.

5.

In view of he above, the writ petition is dismissed.

JUDGE KOLHE/P.A.