Prabhakar S/O Uttamrao Kalwaghe v. Sheikh Usman S/O Sheikh Munshi And Others

2026:BHC-NAG:3916 1 18. WP 5363 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5363 OF 2025 PRABHAKAR S/O UTTAMRAO KALWAGHE

VERSUS

SHEIKH USMAN S/O SHEIKH MUNSHI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H.S. Chawhan, Advocate for Petitioner.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 09th MARCH 2026 1.

Heard learned Advocate for the petitioner.

2.

It is pointed out that the controversy involved in this petition is identical to the controversy involved in Writ Petition No.2384 of 2025, which is already decided by order dated 02.05.2025. It is pointed out that both these petitions are with respect to challenge to the order under Order 26 Rule 9 of the Code of Civil Procedure, 1908, about measurement of Gat Nos.149 and 155, situated at Dhad, Tq. and Dist. Buldhana. It is stated that after considering the submissions, for the reasons recorded in the said judgment, the said writ petition was decided. 3.

In view of the fact that the controversy involved in this petition is identical to the controversy involved in Writ Petition

2 18. WP 5363 of 2025.odt No.2384 of 2025, with respect to measurement of same lands arising out of orders passed in connected civil suits, there is no reason to take a different view.

4.

For the reasons recorded in order dated 02.05.2025, in Writ Petition No.2384 of 2025, the instant writ petition is dismissed. No order as to costs.

(PRAFULLA S. KHUBALKAR, J.) asd