Quashed

Sangram Bhanudas Athare and Others v. Jijabai Dattatraya Mahanor and Others

Bombay HC18 Apr 2013WP/2612/2013

Case brief

AI extract

What is this about?

Writ petition challenging rejection of an application for police aid. Court quashed impugned order due to lack of finding on obstruction and unclear facts regarding trees, remanding matter for fresh hearing.

What did the court decide?

Impugned order rejecting application for police aid is quashed and set aside; application remanded for fresh decision.

Sangram Bhanudas Athare and Others Vs Jijabai Dattatraya… — Property and Title | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2612 OF 2013

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SANGRAM BHANUDAS ATHARE AND OTHERS VERSUS JIJABAI DATTATRAYA MAHANOR AND OTHERS

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Advocate for Petitioners :Mr. Adhav D.R. Advocate for Respondent Nos. 1 to 4 : Mr. K. N. Shermale

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CORAM : S.V.GANGAPURWALA,J. Dated: April 18, 2013

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PER COURT :-

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Application filed by the present petitioners/plaintiffs for grant of police aid is rejected.

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Mr. Adhav, the learned counsel for the petitioners submits that the application was given for police aid as obstruction was being made at the hands of the respondents and because of the said obstruction, the petitioners are not in a position to cultivate the land. The order passed by the trial Court granting injunction has been confirmed by the Appellate Court so also by this Court in Writ Petition. In view of the fact that injunction is in force and there is continuous obstruction at the hands of the respondents, the petitioners need to be protected and the police aid is required to be granted.

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Shri Shermale, learned counsel for respondents supports the order and submits that there are naturally grown trees in the land and the respondents have also share in the said land. If the trees are cut with the aid of police, the respondents would be prejudicially affected. Learned counsel submits that even the Tenancy Court has passed the order of delivery of possession from the respondents and the matter is subjudice before the M.R.T. for restoration.

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sga

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Present respondents does not dispute that the petitioners are in possession of the property. It is also trite that the application for police aid cannot be granted as matter of course. The party has to show the existence of the facts and circumstances necessitating grant of police aid.

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While considering the application for grant of police aid it is imperative for the trial Court to come to the conclusion that the defendants against whom the order of injunction is in force, are obstructing the possession of the plaintiffs or are causing interference in the possession of the plaintiffs. If the Court comes to the conclusion about the aforesaid fact, then the Court can grant police aid. In the present case, the Court has not arrived at such conclusion.

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As far as the trees are concerned, the Court has also observed that it is not clear as to whether the trees are shrubs or naturally grown trees. The Court ought to have arrived at conclusion in that regard.

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In view of the aforesaid fact, the impugned order is quashed and set aside. The Court shall decide the application Exhibit-27 afresh after giving the parties an opportunity to produce such evidence and thereafter decide the same in the light of the observations made herein above. Writ Petition is accordingly disposed of.

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( S.V.GANGAPURWALA,J. )

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sga

Sangram Bhanudas Athare and Others v. Jijabai Dattatraya Mahanor and Others

Case brief

What is this about?

What did the court decide?

Sangram Bhanudas Athare and Others v. Jijabai Dattatraya Mahanor and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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