The High Court of Bombay held that a dispute regarding boundaries is a suit fit only for the Civil Court. It declined to entertain the writ petition and disposed of the accompanying civil application.
Petition dismissed; Civil Application disposed of due to boundary dispute being a civil matter.
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) (6) WP 1225/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Amk
WRIT PETITION NO. 1225 OF 2013
WITH
CIVIL APPLICATION (STAMP) NO. 24801 OF 2014
Mr. Rocky Manvel Nunes .. Petitioner/Applicant Vs. State of Maharashtra & Ors. .. Respondents
Mr. Manish N. Jain for the Petitioner/Applicant. Mrs. V. S. Gokhale, AGP for the Respondent Nos.1 & 4.
CORAM : A.S. OKA & C. V. BHADANG, JJ. DATE : 7th JANUARY, 2016.
P.C.
petition arises out of a dispute which is purely a boundary dispute between the petitioner and the respondent Nos.6 to 11. The appropriate remedy of
the petitioner is before the Civil Court. Hence, we decline to entertain the
petition. Accordingly, we dispose of the petition.
(C. V. BHADANG, J.) (A.S. OKA, J.)
1 issue framed by the court
Whether writ jurisdiction is appropriate to decide a boundary dispute between parties.
Mr. Rocky Manvel Nunes
State of Maharashtra
A.S. OKA
C. V. BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
