Sou. Sunita Ajit Bhokare And ANR v. Smt. Antubai W/O Appa Bhokare Decd. Thr. Lhrs Sou. Malati Bapuso Khidrapure

(30)-WP-4461-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.04.19 10:18:23 +0530 WRIT PETITION NO.4461 OF 2022 BALAJI GOVINDRAO PANCHAL Sou. Sunita Ajit Bhokare and Anr.

..Petitioners

Versus

Smt. Antubai w/o Appa Bhokare Since deceased through legal heirs Sou. Malati Bapuso Khidrapure and Ors.

..Respondents Mr. Tejpal S. Ingale, for the Petitioners.

CORAM : NITIN W. SAMBRE, J.

DATE : 18th APRIL, 2022 P.C.

1.

Heard.

2.

This petition is by the defendant to a suit for declaration and injunction.

3.

Admittedly, the sale-deed which is found to be basis for preferring the present petition is subsequent in point of time than that of the one in favour of the plaintiff/respondent. 4.

The petitioner as such cannot claim better right than the plaintiff/respondent as the predecessor of the petitioner has already executed sale-deed in favour of respondent/plaintiff. That being so, no case for interference is made out.

5.

The petition as such fails, dismissed.

[NITIN W. SAMBRE, J.] BGP.