Dismissed

Smt. Vimal Laxman Jadhav v. Smt. Janabai Laxman Suryawanshi and Anr.

Bombay HC16 Jan 2013SA/229/2011

Case brief

AI extract

What is this about?

A Second Appeal filed by a woman seeking removal of encroachment was dismissed at the admission stage. The trial court and District Judge had correctly dismissed the suit given the unchallenged Court Commissioner's report and absence of other evidence. No interference was required.

What did the court decide?

Second Appeal dismissed at the stage of admission with no order as to costs.

Smt. Vimal Laxman Jadhav Vs Smt. Janabai Laxman… — Property and Title | Bombay HC (2013)

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sa229-11.sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 229 OF 2011

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Mrs. Vimal Laxman Jadhav .. Appellant

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v/s.

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Smt. Janabai Laxman Suryawanshi & Others ..Respondent/s

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Mr.R.M.Hardas i/b. Pramod Joshi for the Appellant. Mr.Sachin Gite for the Respondent Nos.1 and 2.

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CORAM: R.Y.GANOO, J. DATED : 16^th JANUARY 2013.

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P.C. :

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Heard learned Advocates on both sides. Regular Civil Suit No.101 of

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1999 filed by the present appellant for removal of encroachment has been dismissed by judgment and decree dated 29.3.2004. Civil Appeal No.28 of 2004 filed by the appellant was dismissed on 30.11.2010.

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It is required to be noted that during the pendency of the suit, Court

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Commissioner was appointed. He has given the Court Commissioner's report which mentions existence of the bandh and the width of the bandh is

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pps 1/2

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sa229-11.sxw

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not the same all along. The appellant has not disputed the Commissioner's report.

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Apart from the report of the Court Commissioner, no other evidence

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was placed before the court by the present appellant to prove the alleged encroachment. In the set of these facts dismissal of the suit by the trial court as well as dismissal of the appeal by the learned District Judge cannot be faulted. If the appellant was not satisfied by the Court Commissioner's report then during the pendency of the trial she may have applied for nimtana measurement in respect of the property which could have thrown light on the exact area over which the present appellant could exercise control. In the absence of any supporting material in favour of the present appellant, the courts below have arrived at proper conclusion. No interference is required. No other point was argued. No substantial question of law is involved.

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Second appeal is dismissed at the stage of admission. There shall be no order as to costs.

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[R.Y.GANOO, J.]

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pps 2/2

Smt. Vimal Laxman Jadhav v. Smt. Janabai Laxman Suryawanshi and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Vimal Laxman Jadhav v. Smt. Janabai Laxman Suryawanshi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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