Allowed

Shri.Ragunath Subrao Patil v. Shankar Krishna Teli (Deceased Thru Lrs) and Others

Bombay HC9 Apr 2018CAS/410/2018

Case brief

AI extract

What is this about?

Allowed the application seeking interim relief. Granted permission for the applicant to use the existing bandh between Gat Nos. 990 and 991 for sugarcane or agricultural transport and issued an injunction restraining respondents from obstructing this right of way.

What did the court decide?

Application allowed. Permission granted to use existing bandh for sugarcane/agricultural transport. Injunction issued restraining respondents from obstructing applicant's right of way.

Shri.Ragunath Subrao Patil Vs Shankar Krishna Teli… — Landlord and Tenant | Bombay HC (2018)

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osk 8-cas-410-2018.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 410 OF 2018 IN SECOND APPEAL (ST.) NO. 7881 OF 2018

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Ragunath Subrao Patil … Applicant V/s. Shankar Krishna Teli (Since decd.) Through LRs. & Ors. … Respondents

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Mr.V.S. Talkute i/b. Mr.S.R.Ghanavat for the Applicant.

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Mr.Tushar Khairnar i/b. Mr.Umesh Mankapure for Respondent Nos.1A to 1E, 2 to 4.

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CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

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DATE : 9^th APRIL, 2018.

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ORDER :

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1] Heard learned counsel for the Applicant.

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2] This application is filed seeking the interim prayer as

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follows:-

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“(b)In alternative to prayer clause (a), this Hon'ble Court be pleased to permit the Applicant to use the existing cart road/band in between Gat Nos.990 and 991 for transportation of sugarcane or for other any Agricultural purpose in terms of order dated 04-022006 passed by the Ld. Joint Civil Judge, Junior Division, Islampur on Application below Exhibit-5 in

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osk 8-cas-410-2018.odt

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Regular Civil Suit No. 410 of 2005 and to issue an order of injunction restraining the Respondents from obstructing and/or interfering with the Applicant's right of way in terms of the said order.

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3] It is pointed out by learned counsel for the Applicant that the trial Court has by its order dated 4^th February 2006 allowed the Applicant's to use existing bandh in between Gat Nos.990 and 991 for transportation of the sugarcane or for any other agricultural purpose. The said order was continued even during the course of the appeal and also when the matter was reached before this Court vide Civil Application No.695 of 2014 in Second Appeal No.267 of 2014. At that time also by the order dated 30^th April 2014, the Applicants were held entitled to use the existing bandh between Gat Nos.990 and 991 for transportation of their sugarcane or for any other purpose, as per Clause (3) of the operative part of the order dated 4^th February 2006, below Exhibit-6 in Regular Civil Suit No.410 of 2005. That order was running till the appeal was allowed on 20^th November 2017. However, in the judgment of the Appellate Court also in paragraph No.22, it was clarified that, as per the provisions of Section 143 of M.L.R.C., the Defendants i.e. present Applicants have right to access through

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osk 8-cas-410-2018.odt

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Sarbandh of Gat Nos.990 and 991 to which the Plaintiffs i.e. Respondents have no objection and the Applicants were held to file appropriate/proper application under the provisions of the MLRC for their right of way.

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4] In view thereof, in my considered opinion, this application needs to be allowed and the same relief to which the Applicants were held entitled during the pendency of the proceedings before the trial Court and the Appellate Court and which right was recognized even at the time of allowing the appeal and for which right RespondentsPlaintiffs had also given no objection, needs to be allowed. Hence, the Application is made absolute in terms of prayer clauses (b) and (c).

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[DR.SHALINI PHANSALKAR-JOSHI, J.]

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Shri.Ragunath Subrao Patil v. Shankar Krishna Teli (Deceased Thru Lrs) and Others

Case brief

What is this about?

What did the court decide?

Shri.Ragunath Subrao Patil v. Shankar Krishna Teli (Deceased Thru Lrs) and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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