Sanjay S/O Namdeo Dhanokar v. Dipakkumar Narayan Sharma And Another

6.wp.3118.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3118 OF 2024 Sanjay S/o Namdeo Dhanokar .Vs. Dipak Kumar Narayan Sharma and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.V. Sohoni, Advocate for petitioner.

Ms Sonali Saware, Advocate for respondent Nos.1 and 2. CORAM : ANIL S. KILOR, J.

DATED : 09/05/2024 1.

This matter pertains to reversal order of temporary injunction granted in favour of plaintiff/petitioner.

2.

It is the case of the petitioner that, he is the tenant of the original landlord who sold the suit shop to the respondents. It is further submitted that, the respondents without any notice or intimation tried to demolish the suit shop which gave cause to the petitioner to file a suit. 3.

The learned trial Court allowed the application Exh.5 filed along with the suit and permitted the plaintiff to restore previous condition of the suit shop. However, the learned appellate Court reversed the same.

C.L. Dhakate

6.wp.3118.24.odt 4.

It is pointed out that, the respondents have admitted the tenancy of the petitioner upto the year 2012 but denied it for the subsequent period.

5.

In the circumstances, issue notice to the respondents.

6.

Ms Sonali Saware, learned counsel waives service for the respondent Nos.1 and 2 and prays for time to file reply. She further prays for placing the matter during the Vacation Court on 17.05.2024. Accordingly, place this matter on 17.05.2024.

7.

In the meantime, in view of the above referred observations and the facts noted, the parties are directed to maintain status quo as on today, until further order. JUDGE Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 09/05/2024 19:03:26 C.L. Dhakate