Mahant Ramanpuri Gurudattapuri v. Sanjay Rajeshwar Chandore And Anothers

1002wp5419.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.5419 of 2014 (Mahant Ramanpuri Gurudattapuri v. Sanjay Rajeshwar Chandore and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.V. Sohoni, Advocate for Petitioner.

Shri A.S. Dhore, Advocate for Respondents.

Coram : R.K. Deshpande, J.

Dated : 10 th February, 2015 The Trial Court has passed an order of injunction restraining the petitioner-defendant from interfering with the possession of the respondent-plaintiffs over Gat No.8/3, area 6.52 HR, and Gat No.5, area 7.57 HR of Mouza Dattapur, Tq. Kalamb, District Yavatmal.

With the assistance of the learned counsels appearing for the parties, I have gone through the orders impugned in this petition. Both the Courts below have recorded the concurrent finding of fact on prima facie assessment of case that the respondent-plaintiffs have established their possession over the suit property. The receipts are relied upon to hold that the respondent-plaintiffs are in possession of the same. The petitioner-defendant filed the affidavits of five villagers, and those affidavits have also been considered. The orders passed by the Courts below have considered all the aspects of the matter, and at any rate, it is a possible view of the matter that the respondent-plaintiffs have prima facie established their possession over the suit property.

1002wp5419.14.odt Thus, no interference is called for in the orders impugned in this petition. The petition is dismissed. Judge.

Lanjewar