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Bombay High CourtWP/6282/2014dismissedrule discharged

Vaishali Dnyaneshwar Jogdande v. Smt. Narmadabai Bhagwan Solanki And Anothers

2016-02-22Hon'Ble Shri Justice Ravi K. Deshpande1 pages

2202wp6282.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.6282 of 2014 (Vaishali Dnyaneshwar Jagdande v. Smt. Narmadabai Bhagwan Solanki and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri N.A. Gaikwad, Advocate for Petitioner.

Shri Sunil Bhuyar, Advocate for Respondent No.1. Coram : R.K. Deshpande, J.

Date : 22 nd February, 2016 It is found that during the course of measurement, which was being carried out by the Commissioner appointed under Order XXVI, Rule 9 of the Code of Civil Procedure in respect of the suit property, the proposed defendants tried to create the obstructions and, therefore, by way of amendment, the order of injunction is claimed against them also. The trial is yet to begin and the amendment is found to be necessary for adjudicating the controversy involved in the suit.

No interference is called for.

The petition is dismissed.

Judge.

Lanjewar