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Bombay High CourtWP/14328/2016disposed off

Shri. Bapu Dattu Zambare v. Shri. Sakharam Dattu Zambare And ORS.

2024-11-13Hon'Ble Shri Justice Amit Borkar1 pages

47-wp-14328-2016.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14328 OF 2016 Bapu Dattu Zambare ... Petitioner V/s.

Sakharam Dattu Zambare & Ors.

... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2024.11.13 15:48:29 +0530 Mr. Manoj A Patil a/w Mr. Akash M. Murudkar for petitioner.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 13, 2024 P.C.:

1.

By the impugned order, the District Court has rejected an application under Order 41, Rule 5 of the Code of Civil Procedure, 1908 arising out of the judgment and decree restraining the petitioner from disturbing plaintiffs possession over the suit property. The impugned order is dated 4th February 2016. The effect of operation of the Trial Court's judgment and decree is in force from 2014. Hence, by keeping all questions raised in the present petition open to be agitated at the time of hearing of appeal.

2.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.)