Dismissed

Ashok Limbraj Shinde Thr Gpa Nilawati Ashok Shinde v. Vishnu Murlidhar Shinde

Bombay HC22 Aug 2012WP/6819/2012

Case brief

AI extract

What is this about?

A petitioner seeking writ relief against dismissal of temporary injunction in a land possession suit was found to have suppressed prior litigation facts. The High Court dismissed the writ petition as sans merit, noting observations were limited to the injunction application.

What did the court decide?

Writ petition dismissed with order as to no cost.

Ashok Limbraj Shinde Thr Gpa Nilawati Ashok Shinde Vs Vishnu… — Partition | Bombay HC (2012)

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WP 6819/2012

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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WRIT PTITION NO. 6819/2012

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ASHOK S/O LIMBRAJ SHINDE THROUGH HIS G.P.A. VS.

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VISHNU S/O MURLIDHAR SHINDE

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Office Notes,Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders

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Shri M.P. Tripathi, Advocate for the petitioner.

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CORAM : S.V. GANGAPURWALA, J. DATED : 22^nd AUGUST, 2012

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Heard.

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The petitioner is original plaintiff who has filed

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suit for injunction. The plaintiff had also claimed temporary injunction vide Exhibit 5. The trial Court rejected application for temporary injunction. The plaintiff filed an appeal to the District Court. District Court also dismissed the appeal. The plaintiff has assailed the said concurrent finding in the present petition.

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Learned counsel for the petitioner submits that in

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pursuance to compromise decree in 1968, the plaintiff is owner and possessor of 2 H 93 R land in Gat No. 67.

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WP 6819/2012

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While preparing consolidation record, 40 R land of the plaintiff was wrongly shown in the name of the defendant and the defendants are trying to take disadvantage of the same and interfering in possession of the plaintiff. Both the Courts have not discussed about said compromise decree, by virtue of which right of the parties crystallised. With assistance of the learned counsel, I have gone through orders passed. Earlier to filing present suit, the plaintiff had filed R. C. S. No. 247/1998 for partition and separate possession. One of the properties in the said suit was the present suit property also. The said suit was also dismissed. This fact has been suppressed by the plaintiff in the present suit. Even the Courts have observed that the plaintiff had filed R.C.S. No. 74/2003 and in the said suit alternate relief was claimed i.e. for possession of 40 R land from the defendants therein. The said suit is also dismissed. The appeal is subjudiced.

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In view of the earlier dictum of the Court, the Court below was justified in rejecting the application for temporary injunction.

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In view of that the writ petition is sans merit. The

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WP 6819/2012

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writ petition is dismissed with order as to no cost.

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The observations made herein are for the purpose of deciding application for temporary injunction. The Court shall decide the suit on its own merit and on the basis of the evidence on record and

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legal position.

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(S.V. GANGAPURWALA, J. )

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ts k/

Ashok Limbraj Shinde Thr Gpa Nilawati Ashok Shinde v. Vishnu Murlidhar Shinde

Case brief

What is this about?

What did the court decide?

Ashok Limbraj Shinde Thr Gpa Nilawati Ashok Shinde v. Vishnu Murlidhar Shinde

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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