The bench allowed no substance in the Letters Patent Appeal. Although the trial court deleted an issue on title, the Single Judge found the suit sought merely an injunction, rendering the tenancy observation non-binding and grievance redressed. The appeal was rejected.
Letters Patent Appeal is rejected.
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.
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Letters Patent Appeal No. 85 of 2012 (Against order dated 16-2-2012 in Writ Petition No. 4392 of 2011)
Vithal s/o. Yada Ghodke, Age : 67 years, Occupation : Labour, .. Appellants / R/o. Sadegaon, Petitioners Taluka & District : Parbhani, (Original defendants)
and 5 others.
versus
Kazi Mohammad Rashioduddin s/o. Mujafaroddin, Age : 67 years, Occupation : Pensioner And Agriculture, R/o. Mangalwara, Parbhani, Taluka & District : Parbhani, .. Respondents and another. (Original plaintiff)
Mr. A.S. Deshmukh, Advocate, for the appellants.
Mr. P.R. Katneshwarkar, Advocate, for respondent nos.1 and 2.
CORAM : B.P. DHARMADHIKARI & RAVINDRA V. GHUGE, JJ.
DATE : 6TH SEPTEMBER 2013
(2)
COURT'S ORDER (Per B.P. Dharmadhikari, J.) :
( RAVINDRA V. GHUGE ) ( B.P. DHARMADHIKARI ) JUDGE JUDGE
bgp/lpa85
1 issue framed by the court
Whether there is substance in the Letters Patent Appeal against the order in Writ Petition No. 4392 of 2011.
Vithal s/o. Yada Ghodke
Kazi Mohammad Rashioduddin s/o. Mujafaroddin
B.P. Dharmadhikari
Ravindra V. Ghuge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
