Swapnil S/O. Vijayrao Raut v. Vilas S/O. Laxman Gawai And Others

2024:BHC-NAG:1670 9wp930-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.930 of 2024 SWAPNIL S/O. VIJAYRAO RAUT VS VILAS S/O. LAXMAN GAWAI AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.S. Deshpande, Advocate for the Petitioner/s CORAM : ANIL S. KILOR, J.

DATED : 09.02.2024 1.

Heard.

2.

The re-issuance of possession warrant vide order dated 10.01.2024 passed by the Civil Judge Junior Division, Risod in Regular Darkhast No.39 of 2009, is under challenge in this petition.

3.

The only ground is that, though the decree is for 1⁄4th share in the suit property, the possession warrant is in respect of the whole property. However, nothing has been brought on record to show that the possession warrant is not for 1⁄4th share but for the complete property.

4.

Moreover, already the possession warrant was issued and since the suit property was found as 'Locked', the possession was not taken and therefore, by the impugned order, the possession warrant was reissued.

nd.thawre

9wp930-24.odt 5.

The copy of the possession warrant, which was earlier issued, is not produced on record and also the Panchnama (Exh.53) also not filed along with the present petition. 6.

In the circumstances, as there is no material produced on record to substantiate the argument made by the learned counsel for the petitioner, I do not find any merits in the present writ petition. Accordingly, the writ petition is dismissed. [ANIL S. KILOR, J.] nd.thawre