This single-judge bench dismissed a writ petition filed for declaration and injunction regarding suit land encroachment. The court held that since there was no prayer for removal of encroachment and the land had been surveyed, the petition lacked merit.
Petition dismissed summarily with costs.
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.
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.2657 OF 2017
(Shivraj s/o Chandrakant Chivte & anr. Vs. Sidram s/o Maruti Pandagale)
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders
Shri S.C. Bhosle, Advocate for petitioners
CORAM : S. B. SHUKRE, J. DATED : 27th February, 2017.
( S. B. SHUKRE ) JUDGE
fmp/wp2657.17
2 issues framed by the court
Whether the filing of a suit only for declaration and injunction without a prayer for removal of encroachment, where the land has been surveyed, warrants grant of relief.
Whether encroachment is not an issue if the suit land has already been measured by the Government Surveyor.
Shivraj s/o Chandrakant Chivte
Shivraj (anr)
Sidram s/o Maruti Pandagale
S. B. SHUKRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
