The High Court dismissed a writ petition where the petitioner failed to file an appeal against the decree. The court held that interim reliefs need not be granted since the petitioner did not challenge the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITIN NO.6018 OF 2006
Kallappa B. Koli....Petitioner
V/s.
Narsu A. Bogade & Ors. ....Respondents
Mr.Ashutosh Gole for the Petitioner.
Mr.Vijay Killedar for Respondent No.1.
CORAM : S.J. VAZIFDAR, J.
DATED : 19TH JANUARY, 2007.
P.C. :
1.The Petitioner has not even filed an Appeal
against the decree. The other Defendants have filed
the Appeal. It is true that the Plaintiff claims
title through other Defendants. However, in the facts
and circumstances of this case, the application for
interim reliefs ought to be granted only in the event
of this Petitioner challenging the impugned order and
judgment himself. Further there is no question of any
other party forcibly obtaining possession from the
Petitioner assuming that the Petitioner is in
possession. Mr.Killedar, the learned counsel
appearing on behalf of Respondent No.1 admits that the
decree is only declaratory and does not require
possession to be handed over by the Petitioner
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assuming that the Petitioner is in possession. The
case of Respondent No.1 is that the Petitioner is not
in possession.
2.In the event of the Petitioner filing an
Appeal, he is at liberty to take out an application
for interim reliefs which will be decided on its own
merits. Needless to clarify that all the rights and
contentions between the parties including in any
Appeal or other proceedings that may be filed, are
kept open.
3.In the circumstances, the Writ Petition is
accordingly disposed of.
1 provisions across 1 enactments
Kallappa B. Koli
Narsu A. Bogade
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court