Shyam S/O Narayanrao Ningurkar And Others v. Sudam S/O Narayanrao Ningurkar And Others

2024:BHC-NAG:9419 902-CAW-1893-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 1893 OF 2024 IN WRIT PETITION NO. 6827 OF 2023 (D) (Shyam s/o Narayanrao Ningurkar & Ors. Vs. Sudam s/o Narayanrao Ningurkar & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Tejas Deshpande, Counsel for the applicants/petitioners. Shri H.R. Gadhia, Counsel for the non-applicants. .....

CORAM : ANIL L. PANSARE, J.

AUGUST 23, 2024.

Modification is sought in order dated 19/6/2024 by replacing the suit property at Sr. No. (d) by Sr. Nos. (e) and (f).

2] The learned Counsel for the applicants submits that the suit property at Sr. No. (d) is in possession of the non-applicants and, therefore, permission to renovate the suit properties at Sr. Nos. (e) and (f), which are in the possession of the applicants, may be granted.

3] As against, the learned Counsel for the nonapplicants submits that there exist no structure on the suit properties at Sr. Nos. (e) and (f). He further submits that this Court has granted permission to renovate the suit property at Sr. No. (d). Thus, it is indicated that permission, as sought, cannot be granted because the suit properties at Sr. Nos. (e) and (f), being open plots, there cannot be renovation on the said properties.

902-CAW-1893-2024 4] As such, the learned Counsel for the applicants disputes the status as submitted by the nonapplicants, in the sense, according to the applicants, there exists structure on the suit properties at Sr. Nos. (e) and (f), however, it will not be appropriate to enter into the disputed question of fact to modify the order, as prayed for.

5] The application is accordingly rejected.

6] The trial Court may proceed to decide pending applications on its own merit without getting influenced by order passed in this application. (ANIL L. PANSARE, J.) Sumit