Ramchandra S/O Jagannath Kulkarni v. Vishwas S/O Jagannath Kulkarni And Others

2025:BHC-NAG:8955 1 38. WP 6033 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6033 OF 2024 RAMCHANDRA S/O JAGANNATH KULKARNI --- .Vs. --- VISHWAS S/O JAGANNATH KULKARNI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H.V. Thakur and Mr. M.A. Deo, Advocate for Petitioner. Mr. R.S. Parsodkar, Advocate for Respondent Nos.1 & 2. Ms. P.T. Joshi, AGP for Respondent No.3.

Mr. A.S. Joshi, Advocate for Respondent No.7 CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 10th SEPTEMBER 2025 1.

Heard Mr. H.V. Thakur, learned Advocate for the petitioner as well as Mr. R.S. Parsodkar, learned Advocate for respondent Nos.1 and 2.

2.

The petitioner has challenged the judgment and order dated 25.07.2024, passed by the Court of District Judge-9 and Additional Sessions Judge, Nagpur, in Misc. Civil Appeal No.192 of 2023.

3.

By this impugned order, the Appellate Court has quashed the earlier order of refusal of temporary injunction passed by the learned Trial Court in the civil suit filed by respondent Nos.1

2 38. WP 6033 of 2024.odt and 2/plaintiffs and directed that respondent No.1/defendant No.1 be temporary restrained from causing interference in the peaceful possession of petitioner/plaintiff No.1 on the portion of Survey No.147/1, identified by letters "A, B, C, D" in the plaint map till disposal of the suit.

4.

Learned Advocate for the petitioner states that the petitioner has already filed an affidavit dated 10.07.2025, categorically stating therein that the petitioner has no intention of disturbing the possession of respondent Nos.1 and 2, over the said portion of land, which is marked as letters "A, B, C, D" in the plaint map. Attention of the Court is invited to the document of plaint map, which is at page No.157.

5.

Learned Advocate for the petitioner submits that, during pendency of the proceedings, the plaintiffs have filed a separate application for amendment to the plaint by which the plaintiffs propose to place on record another document of plaint map as Scheduled-II to the suit and the petitioner apprehends that in case the amendment is allowed, the injunction granted by the impugned order may be treated to be injunction with respect to the entire portion sought to be mentioned by way of new plaint map.

3 38. WP 6033 of 2024.odt 6.

Be that as it may, in view of the statement made by the petitioner on affidavit dated 10.07.2025, learned Advocate for the petitioner again, on instructions, states that the petitioner (defendant No.1) shall not interfere in possession of respondent No.1 (plaintiff No.1) on the portion of Survey No.147/1, identified by letters "A, B, C, D" in the plaint map, which was initially filed along with the plaint in the civil suit.

7.

In view of this, it is clarified that, in view of the statement made by the petitioner, the impugned order of temporary injunction is with respect to the area identified by letters "A, B, C, D" in the plaint map, which was filed along with the plaint in the civil suit.

8.

In view of this statement and clarification, the Writ Petition is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd