The High Court dismissed the writ petition as withdrawn with liberty to file a civil suit, holding that encroachment by a third party is not a ground for interim writ relief.
Writ petition dismissed as withdrawn with liberty to file a civil suit.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5510 OF 2014
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.A.V.Anturkar, Senior Advocate i/b Mr.Sugandh
Deshmukh for the Petitioner
Mr.V.S.Gokhale, AGP for the Respondent No.1
Mr.Uday Warunjikar for respondent No.2.
CORAM : A.S.OKA, &
A.S.CHANDURKAR,JJ.
DATE : JUNE 23,2014.
P.C.
.Not on board. Taken on board.
1Heard the learned senior counsel
for the petitioner. Even going by the
case of the petitioner, the third
respondent has encroached upon the
property of the petitioner. Hence, the
petitioner has remedies available
before the Civil Court. Hence, no case
is made out for grant of any adinterim
relief.
2At this stage, the learned senior
counsel for the petitioner seeks
permission to withdraw this petition
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with liberty to file a civil suit.
Accordingly, writ petition is dismissed
as withdrawn with liberty as prayed.
All contentions on merits are kept
open.
(A.S.CHANDURKAR,J)(A.S.OKA,J.)
1 issue framed by the court
Whether the encroachment by the third respondent on the petitioner's property provides grounds for interim writ relief.
Petitioner
Respondent No.1
Respondent No.2
Third Respondent
A.S. Oka
A.S. Chandurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court