Vishwanath Vitthal Jambhulkar v. Jalindar Krushna Jambhulkar And ORS

1 907 WP-5416-2025 .doc BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5416 OF 2025 by BHARAT DASHARATH PANDIT Date: 2025.04.24 20:08:33 +0530 Vishwanath Vitthal Jambhulkar ....Petitioner.

V/s Jalindar Krusha Jambhulkar & Others ... Respondents.

Mr. Anilkumar Patil a/w Mr. Rohan Barge a/w Mrs. Zeel Jain a/w Mr. Digvijay A. Patil, Advocates for the petitioner. Mr. Kishor Patil, a/w Mr. Shrikant Patil and Mr. Swapnil Pawar i/b Mr. Arjun Pawar for respondent nos. 1 to 6.

Mr. Y. D. Patil, Assistant Government Pleader for respondent no.7 ****** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 24th APRIL, 2025 P.C. :

1] We have heard the learned counsel for the parties in the light of the prayers made in the writ petition.

2] The Respondent nos. 1 to 6 have filed a suit for injunction simplicitor against the present Petitioner and others in respect of an agricultural land situated in Villege Hinjewadi, Taluka Mulshi, District Pune. According to the Petitioner, an application for temporary injunction in the suit filed by the defendants has been heard and the proceedings are now fixed for passing an order on the said application on 03/05/2025. In the meanwhile, the petitioner has received notice in the matter of determination of boundaries of the respective lands which are the subject matter of dispute in the civil court. It is apprehended that as measurement is now scheduled on 25/04/2025 any order passed in the said proceedings would be used as a piece of evidence in the civil suit, in which application for temporary injunction has been BDP-SPS 1/2

2 907 WP-5416-2025 .doc heard.

3] It is not necessary for us to go into the further aspects of the matter. Suffice it to observe that while the Superintendent of Land Records can proceed further pursuant to the notice issued on 11/04/2025, no final orders on the said measurement application be passed till 03/05/2025 or any other adjourned date in the civil suit when the order on the temporary injunction application would be passed.

4] Needless to state that parties are free to contest the aforesaid measurement proceedings in accordance with law and raise all their contentions.

5] With the aforesaid observations, the writ petition is disposed of. Rival contentions of the parties on merits are kept open. 6] copy of this order.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2