Disposed

Sou. Ashwini Ashok Nigade v. Shri. Anil Namdev Devgirikar

Bombay HC14 Mar 2022WP/2854/2022

Case brief

AI extract

What is this about?

This single-bench order dealt with a Writ Petition seeking declaration and injunction based on property title. The Court accepted an undertaking from the respondent not to proceed with construction and directed the appointment of a TILR commissioner for measurement.

What did the court decide?

Undertaking accepted not to proceed with construction; TILR appointed for measurement within six weeks; liberty to move for injunction after report.

Sou. Ashwini Ashok Nigade Vs Shri. Anil Namdev Devgirikar — Property and Title | Bombay HC (2022)

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(23)-WP-2854-22.doc .

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed by BALAJI BALAJIGOVINDRAO GOVINDRAOPANCHAL PANCHAL Date: 2022.03.15 09:51:46 +0530

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WRIT PETITION NO.2854 OF 2022

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Sou. Ashwini Ashok Nigade ..Petitioner
Versus
Shri. Anil Namdev Devgirikar ..Respondent

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Mr. Balasaheb G. Ligade, for the Petitioner.
Mr. Shantaram Tarale, for the Respondent.

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CORAM : NITIN W. SAMBRE, J.

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 DATE : 14th MARCH, 2022

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P.C.

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1.This petition is by the plaintiff to Regular Civil Suit
No.807 of 2021 for declaration and injunction based on title. The
petitioner claims to be holding title to the suit property based on
registered sale-deed dated 20th May, 2017. As respondent/
defendant claimed to have encroached on her property and started
carrying out construction, the prayer for temporary injunction
moved concurrently rejected by the Courts below.

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2. I have heard respective counsels.

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3. Parties hereto jointly agreed to the appointment of the
TILR as a Court Commissioner.

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4. As such, present petition stands disposed of with
following order :-

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BGP. 1 o f 2

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(23)-WP-2854-22.doc .

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I) The statement made by the counsel for the respondent on instructions from the defendant that he shall not proceed with the construction till the report of the TILR is received, is accepted as an undertaking to this Court.

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II) In the meantime, Trial Court is directed to appoint TILR for measurement of the suit property, cost of which shall be borne by the petitioner/plaintiff. Let the aforesaid formality be completed within a period of six weeks from today.

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III)Once the report of the TILR is received before the Court below, petitioner shall be at liberty to move for prayer for grant of temporary injunction afresh which be decided without influence of the observations made in the impugned order.

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IV)Needless to clarify that till then the respondent shall not proceed with the construction.

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[NITIN W. SAMBRE, J.]

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2 o f 2

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BGP.

Sou. Ashwini Ashok Nigade v. Shri. Anil Namdev Devgirikar

Case brief

What is this about?

What did the court decide?

Sou. Ashwini Ashok Nigade v. Shri. Anil Namdev Devgirikar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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