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Bombay High CourtWP/1869/2024partly allowed

Shalanbai Shankarrao Dhumal v. Vijay Ramchandra Dhumal And ORS

2024-11-12Hon'Ble Shri Justice N. J. Jamadar2 pages

12-WP-1869-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1869 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2024.11.19 13:12:15 +0530 SATISH RAMCHANDRA SANGAR Smt.Shalanbai Shankarrao Dhumal

...Petitioner

V/s.

Shri.Vijay Ramchandra Dhumal and Ors.

...Respondents

***** Mr.Tushar R. Monaiyah i/b. Mr.Sachin Khandagale:- Advocate for Petitioner.

Mr.Sanjeev Sawant i/b. Ms.Samiksha S.

Mane i/b. Mr.Heramb Kadam:- Advocate for Respondent No1.

***** CORAM :

S. M. MODAK, J.

DATE :

12th NOVEMBER 2024 P. C. :- 1.

It is true that the Petitioner/Plaintiff has failed before the trial Court as well as before the First Appellate Court in getting temporary injunction order in his favour. This Court on 16th February 2024 (Coram : Milind N. Jadhav, J.) after hearing both the sides, has granted an ad-interim relief in terms of prayer clause (b). 2.

Today, the arguing Counsel Mr.Soni is busy before some other Court.

Satish Sangar 1/2

12-WP-1869-2024.doc 3.

Learned Advocate Shri.Sawant for Respondent No.1 tried to explain the circumstances in which the order dated 16th February 2024 was passed. Learned Advocate representing the Respondent No.1 has sought time to file reply. Another submission made by Mr.Sawant is by taking the advantage of ad-interim relief, the Petitioner-Plaintiff is trying to disturb the possession of his client. 4.

Let, this matter be kept on 21st November 2024. 5.

The ad-interim relief, granted earlier, to continue till next date. 6.

If, the Petitioner wants to file rejoinder, let it be done earlier to next date. If the rejoinder is not filed, Court can deal with the Writ Petition only on the basis of documents filed before the trial Court. 7.

In view of that, stand over to 21st November 2024. To be listed "High on Board".

[S. M. MODAK, J.] Satish Sangar 2/2