Dismissed

Dashrath Jaywant Kutwal (Deceased Thr. L/H.) 1A Hanumant Dashrath Kutwal v. Ramdas Anandrao Kutwal

Bombay HC17 Jan 2013SA/697/2012

Case brief

AI extract

What is this about?

This second appeal against an injunction decree in a suit regarding interference with land cultivation was dismissed. The Court held there was no substantial question of law, relying on Consolidation proceedings which favored respondents, reversing the High Court's view.

What did the court decide?

Second Appeal No. 697 of 2012 dismissed; no order as to costs.

Dashrath Jaywant Kutwal (Deceased Thr. L/H.) 1A Hanumant… — Property and Title | Bombay HC (2013)

¶1

GAG

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION.

¶4

SECOND APPEAL NO.697 OF 2012.

¶5

Dashrath Jaywant Kutwal (Since dead, through LR's.) :: Appellants.

¶6

Versus

¶7

Ramdas Anandrao Kutwal & Ors.

¶8

:: Respondents.

¶9

Mr.Atul Kore, Advocate for the Appellants.

¶10

Mr. Milind Deshmukh, Advocate for the Respondents.

¶11

CORAM	=>	R.Y. GANOO, J.
DATE	=>	17^thJANUARY, 2013.

¶12

P.C. :-

¶13

Heard Mr. Atul Kore, learned counsel for the Appellants.

¶14

[2] Respondent Nos. 1 and 2 filed suit against Dasharath Kutwal and three others bearing Regular Civil Suit No. 215/2008 in the Court of Civil Judge,(Jr.Divn.), Baramati, Dist. Pune for limited prayer that the defendants in the Suit including the original defendant No.1 Dasharath should not cause interference into their cultivation of the suit land. That suit was dismissed on 25^th August, 2010. Being aggrieved by the said Judgment and Decree, Appellants had preferred Regular Civil Appeal No.111 Of 2010 in the District Court, Baramati. The learned Extra Joint (Adhoc) District Judge, Baramati allowed said Appeal on 20^th October, 2011 and set aside the Judgment and Decree passed in Regular Civil Suit No. 215/2008 and issued an order of perpetual injunction against heirs of Dasharath, who were Respondents in said Appeal. Being aggrieved with the Judgment and order passed in

¶15

¶16

Regular Civil Appeal No. 111/2010, legal heirs of Dasharath, namely Hanumant and others have preferred present Second Appeal.

¶17

[3] Mr. Kore, learned counsel for the Appellants submitted that, the learned Extra Joint (Adhoc) District Judge, Baramati erred in allowing Regular Civil Appeal No.111/2010 and according to him, the course adopted by the learned District Judge in relying upon the statements recorded before the Consolidation Officer for the purpose of deciding an Appeal was not proper.

¶18

[4] It is noticed that, decision of the Consolidation Officer has ended in favour of present Respondent No.s.1 and 2. In such circumstances, learned District Judge was right in relying upon what transpired at the stage of the consolidation proceedings and on the basis of those development, grant of the injunction in favour of the Respondents, cannot be faulted with.

¶19

[5] If at all, present Appellants are aggrieved by the proceedings of the Consolidation Scheme, they are at liberty to challenge the order passed by the Consolidation Officer. In view of the aforesaid discussion, points raised by learned counsel for the Appellants cannot be accepted to admit the Second Appeal as no substantial question of law is involved. Hence, Second Appeal is dismissed. There shall be no order as to costs.

¶20

( R.Y. GANOO, J.)

Dashrath Jaywant Kutwal (Deceased Thr. L/H.) 1A Hanumant Dashrath Kutwal v. Ramdas Anandrao Kutwal

Case brief

What is this about?

What did the court decide?

Dashrath Jaywant Kutwal (Deceased Thr. L/H.) 1A Hanumant Dashrath Kutwal v. Ramdas Anandrao Kutwal

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

Similar cases

Mr. Pralhad Tukaram Patil Vs the Asst. Controller for Unauthorized Construcion Cidco Navi Mumbai

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

Popat Khanderao Vaikande Vs Pandu Budha Vaikande

Dnyanoba Chandar Kunjir and Anr. Vs Anantrao Jaiwantrao Kunjir Since Died Heirs and Ors.

Dnyanoba Chandar Kunjir and Anr. Vs Anantrao Jaiwantrao Kunjir (Decd.)by Lrs.

Chandrakant Sakharam Jadhav Vs Sayaji Vithalrao Patil and Ors.