Bombay High CourtAO/38/2017dismissedrule discharged

Charandas Jairam Kamble v. Bhaurao S/O. Laxman Warhade And Others

2018-04-16Hon'Ble Shri Justice Z.A. Haq2 pages

1 ao38.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO. 38/2017 Charandas Jairam Kamble ..VS..

Bhaurao S/o Laxman Warhade & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.C. Bhalerao, Advocate for the appellant(s) Shri P.M. Pande, Advocate for the respondents CORAM : Z.A.HAQ, J.

DATED : 16/04/2018 Heard.

The civil suit filed by the appellant (original plaintiff) praying for decree for injunction restraining the defendants from interfering with possession of the plaintiff over the suit field is dismissed by the trial Court. The plaintiff has filed appeal before the District Court which is pending. During the pendency of the appeal, the plaintiff had filed an application praying for temporary injunction which is dismissed by the impugned order. The learned District Judge has recorded that the plaintiff had not been able to show that he was in possession of the suit field at the time of filling of the civil suit. In para no. 14 of the impugned order, the learned District Judge has recorded the facts which prima facie, show that the defendant no. 5 had been in possession of the suit field since 2010. The appellant has not been able to point out any illegality or perversity in the conclusions of the learned District Judge which necessitates interference by this Court with the

2 ao38.2017 impugned order.

I see no reason to interfere with the impugned order.

The appeal is dismissed. In the circumstances, the parties to bear their own costs.

As the appeal is of 2015, the learned District Judge is requested to dispose the appeal within six months. JUDGE Ansari