Chandrakant Manohar Bhudargade v. Satappa Bandu Ghatge And ANR

43-wp8016-2024modified.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8016 OF 2024 Chandrakant Manohar Bhudargade ... Petitioner V/s.

Satappa Bandu Ghatge & Anr.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.06.18 17:12:43 +0530 Mr. V. B. Rajure for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 14, 2024 P.C.:

1.

Prima facie it appears that the sale deed in favour of the petitioner is dated 28 December 2022 The respondents have filed suit on 1 February 2023. It was, therefore, necessary for the Courts below to consider the documents to show possession of the plaintiffs on the date of filing of the suit. Once the registered document executed in favour of the petitioner is dated 28 December 2022, the plaintiffs ought to have produced documents or material after 28 December 2022 to show that they continued to be in possession despite recital in the sale deed that the possession of property was delivered to the petitioner.

2.

Hence, issue notice to the respondents, returnable on 12 July 2024.

3.

Both the parties are directed to maintain status quo. (AMIT BORKAR, J.) Note:- This order is modified as per order dated 18 June 2024. The corrections in 2nd line of paragraph 1 are shown in italicize.