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Bombay High CourtWP/10556/2018disposed off

Sunil Ganpatrao Sukate v. Pitambar Sahuba Aatpadkar

2024-12-05Hon'Ble Shri Justice Amit Borkar1 pages

87-wp10556-2018.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10556 OF 2018 Sunil Ganpatrao Sukate ... Petitioner V/s.

Pitambar Sahuba Aatpadkar ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2024.12.05 15:08:52 +0530 ATUL GANESH KULKARNI None for the petitioner.

Ms. Rupika Narkar i/by Mr. Vishwanath Talkute for respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 5, 2024 P.C.:

1.

The petitioner/original defendant is challenging judgment and orders passed by the Courts below restraining defendant from demolishing the suit property till final disposal of the suit. The said injunction is in force since 11 June 2015. Hence, no interference at this stage 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.

3.

The Trial Court shall decide the suit on its own merits uninfluenced by the observations made in the impugned orders. (AMIT BORKAR, J.)