Writ petitioner challenged orders directing removal of partition in suit property. The High Court held that the Trial Court acted within its discretion and jurisdiction given the breach of status quo, dismissing the petition without interference.
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.
WP/8392/2017
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
901 WRIT PETITION NO.8392 OF 2017
Chandrakumar Pukharaj Jain … Petitioner
Versus
Girdharilal Pukharaj Jain … Respondent
Mr. Gaurav Deshpande h/f A.P.Kulkarni, Advocate for petitioner
CORAM : T.V.NALAWADE, J. DATED : 6th July, 2017
PER COURT :-
WP/8392/2017
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that, he has created partition in view of oral permission given by the Presiding Officer of Court. After filing of the suit, both the parties were expected to maintain status-quo and they were not allowed to change the nature of the property, which is shop premises. It can be said that, by making the construction of partition, the nature of the property is changed and so direction was given to remove that partition. It can be said that, such order is well within the power of Trial Court Judge. This Court holds that, Trial Court has discretion and jurisdiction and so no interference possible. There is no need to interfere in the orders of the Trial Court. Petition stands dismissed.
(T.V.NALAWADE, J.)
vmk
2 issues framed by the court
Whether the High Court should intervene in the Trial Court's order directing the removal of an unauthorized partition in suit property created despite a status quo order.
Whether the Trial Court had the jurisdiction and discretion to direct the removal of the partition which altered the nature of the property.
Chandrakumar Pukharaj Jain
Girdharilal Pukharaj Jain
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
