Bhausaheb Bhimashankar Thobade And ANR. v. Dattatray Mallesha Adake (Since Decd.) And ORS.

SIDDHARAM MASHAL Date: 2022.04.20 09:51:58 +0530 IRESH SIDDHARAM MASHAL 7.5911.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5911 OF 2019 BHAUSAHEB BHIMASHANKAR THOBADE ....PETITIONERS AND ANR V/s.

DATTATRAY MALLESHA ADAKE .....RESPONDENTS (SINCE DECD.) AND ORS Mr. Rajshekhar S. Alange Advocate for the Petitioner CORAM :

NITIN W. SAMBRE, J.

DATE:

APRIL 19, 2022.

P.C.:

1) Heard.

2) Apart from concurrent findings, both the Courts below have considered the claim of the Petitioners as regards the ownership over the Suit property and recorded prima facie finding that Petitioner lacks title to the Suit property. Both the Courts below further held that since the Petitioner had failed to demonstrate his title over the Suit property, is rightly not entitled for grant of temporary injunction. 1/2

7.5911.19 wp.doc 3) No case for interference is made out. Petition stands rejected. 4) Suit be decided on its own merits without being influenced by the observations made herein above.

[NITIN W. SAMBRE, J.] 2/2