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Bombay High CourtWP/1366/2020dismissed

Laxman S/O Gujeba Molwane v. Namdeo S/O Gujeba Molwane, Through His Lrs.

2022-04-20Hon'Ble Shri Justice Rohit Baban Deo2 pages

wp1366.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

(Laxman s/o Gujeba Molwane Vs. Namdeo s/o Gujeba Molwane) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. S. Dhore, Advocate for Petitioner.

CORAM: ROHIT B. DEO , J.

DATE: 20 th APRIL, .

The petitioner is the defendant in Regular Civil Suit 65/2016 who has suffered an order of injunction which restrains him from disturbing the possession of the plaintiff. 2.

The defendant preferred Miscellaneous Civil Appeal 27/2017 which is dismissed by the District Judge-2, Buldhana on 02.02.2018.

3.

This petition is preferred one year and nine months after the appellate judgment.

4.

Apart from the fact, that in writ jurisdiction I am not inclined to interfere with the exercise of discretion, in

wp1366.20.O.odt the absence of any demonstrable perversity, the fact that the petition is filed belatedly, that the injunction operates since the last six years, are sufficient reasons not to exercise writ jurisdiction. The petition is dismissed.

JUDGE NSN SHIVNARAYAN NIKHARE