Raj Ramesh Deseai Vs Pradeep Vasant Desai and Anr.

The grievance of the Petitioner essentially is that although the Petitioner is entitled to enjoy the property in question and has been put in possession thereof as a consequence of order dated 12^th December 2003 in Writ Petition No.7542/2003, the Respondent No.1 is creating obstacle for

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the Petitioner in enjoyment of the said property and not allowing the Petitioner to give the said property on leave and license. The fact that the

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Petitioner is entitled to give the property on leave and license cannot be discerned from the order dated 12^th December 2003. Indeed, the Petitioner

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is put in possession of the disputed property. If the Respondent No.1 causes

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conp.7.10.sxw

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2

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any obstruction to the Petitioner with regard to peaceful enjoyment of the property during the relevant period, it will be open to the Petitioner to take recourse to such remedy as may be permissible by law. At the same time, it will be open to the Petitioner to seek clarification from the appropriate Court as to whether the Petitioner, in addition to enjoying the property himself, is also entitled to give the premises on leave and license basis. We express no opinion in that behalf.

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Suffice it to observe that no case for initiating action for having committed criminal Contempt of Court has been made out. Petition is disposed of accordingly.

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(P.D.KODE, J.)

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(A.M.KHANWILKAR, J.)

Raj Ramesh Deseai v. Pradeep Vasant Desai and Anr.

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Raj Ramesh Deseai v. Pradeep Vasant Desai and Anr.

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