Rajan Hanmantrao Nimbalkar And ORS. v. Sanjay Gulabrao Nimbalkar

43-wp11265-2018.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11265 OF 2018 VAIBHAV RAMESH JADHAV Rajan Hanmantrao Nimbalkar & Ors.

... Petitioners V/s.

Sanjay Gulabrao Nimbalkar ... Respondent VAIBHAV RAMESH JADHAV Date: 2024.12.06 16:47:13 +0530 None for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 6, 2024 P.C.:

1.

The petitioner-original defendant is challenging the judgment and orders passed by the Trial Court restraining the petitioners' from disturbing joint possession of the plaintiff to the extent of half (1⁄2) share in the suit property. The order of injunction is running in favour of the plaintiff since 21 November 2012. Hence, no interference is called for. However, all contentions of the parties are kept open to be agitated at the time of hearing of the suit.

2.

The writ petition is dismissed.

3.

The Trial Court shall decide the suit uninfluenced by the observations made in the impugned order.

4.

Pending interlocutory application(s), if any, stand disposed of.

(AMIT BORKAR, J.)