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Bombay High CourtWP/1498/2019disposed off

Gramsevak, Grampanchayat Mouje Aswali Tal Khandal Satara And ORS v. Mugut Trimbak Dhamal Thru Poah Kalawati Mugut Dhamal

2024-12-12Hon'Ble Shri Justice Amit Borkar2 pages

16-wp-1498-2019.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1498 OF 2019 Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.12.12 15:24:11 +0530 Gramsevak, Grampanchayat Mouje Aswali Tal Khandal Satara & Ors.

... Petitioners V/s.

Mugut Trimbak Dhamal Through Power of Attorney Holder Kalawati Mugut Dhamal ... Respondent SHABNOOR AYUB PATHAN Mr. Ashutosh Kulkarni i/by Mr. Vaibhav R. Gaikwad for petitioner.

Mr. P. B. Gujar for respondent.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 12, 2024 P.C.:

1.

The petitioners (original defendants) are challenging the order passed by the Appellate Court restraining the petitioners from obstructing the plaintiffs' possession over the suit property. The order of injunction is in force against the petitioners since 13 December 2018. Hence, no interference is called for. 2.

Hence, keeping all contentions raised by the petitioner open to be agitated before the Trial Court at the time of hearing of the suit, the writ petition stands disposed of.

16-wp-1498-2019.doc 3.

Considering the nature of fact, the Trial Court shall decide the suit on its own merits uninfluenced by the observations made in the impugned order within six months from today. (AMIT BORKAR, J.)