Dismissed

Jagannath Ramaji Gaikwad Thr. Poa Vishvanath Jagannath Gaikwad and Anr. v. Vitthal Keshav Yewale

Bombay HC24 Jan 2022WP/731/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a temporary injunction and a subsequent order granting police aid. The bench found no grounds for interference as the lower courts correctly relied on a registered 1982 Sale Deed permitting the respondent to draw water.

What did the court decide?

The writ petition stands dismissed.

Jagannath Ramaji Gaikwad Thr. Poa Vishvanath Jagannath… — Property and Title | Bombay HC (2022)

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WP-731-2022.doc

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BDP-SPS- TAC

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BHARAT DASHARATH PANDIT

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Digitally signed by BHARATDASHARATH PANDIT Date: 2022.01.25 17:51:24 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 731 OF 2022

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JAGANNATH RAMAJI GAIKWAD
(THRUGH POWER OF ATTORNEY HOLDER)
VISHVANATH JAGANNATH GAIKWAD & ANR.
V/s

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...Petitioners.

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…Respondent.

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VITTHAL KESHAV YEWALE

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Mr. Rameshwar N. Gite for the Petitioners

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CORAM: NITIN W. SAMBRE, J.

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 DATE: JANUARY 24, 2022

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P.C.:-

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1] Petitioners are Defendants in Regular Civil Suit No.63 of 2020

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which is based on alleged title of the Respondent/Plaintiff passed on
through registered Sale Deed dated 10th August, 1982.

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2]I have perused the recitals in the said Sale Deed and the
affidavits of the parties.

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3] Trial Court granted temporary injunction vide impugned order

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dated 23/02/2021 which was confirmed by the lower appellate court

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vide order dated 22/04/2021.

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WP-731-2022.doc

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4]It appears that Petitioners/Defendants have not honoured the
injunction order. As such, the Trial Court passed the order impugned
dated 17/12/2021 ordering police aid.

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5]Mr. Gite, learned Counsel appearing for the
Petitioners/Defendants would urge that both the courts below
committed an error in granting injunction, which is contrary to the
revenue record. He would try to claim that the Respondent/Plaintiff is
trying to install new electric connection with the aid of the court
proceedings, as earlier, connection was not in existence.

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6]I have appreciated aforesaid contentions in the light of recitals of
the Sale Deed dated 10/08/1982 which permits drawing of water.
The said document which is registered one is relied on by both the
courts below for granting injunction. Against the concurrent findings,
in my opinion, no case for interference is made out in extraordinary
jurisdiction.

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7] Apart from above, it is required to be noted that the Petitioners/

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WP-731-2022.doc

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Defendants have chosen to question the order of lower appellate court,
ordering dismissal of appeal, after the Trial Court ordered grant of
police aid in the matter of installation of electric connection. Once,
prima facie, it is established at this stage that Respondent/Plaintiff has
been allowed to draw water in accordance with the Sale Deed which is
placed on record, the order of grant of police aid is also quite justified.
It is expected of the Petitioners/Defendants to act in accordance with
terms of registered Sale Deed dated 10/8/1982 in the matter of
drawing of water.

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8]In the aforesaid background, no case for interference is made
out. Petition stands dismissed.

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(NITIN W. SAMBRE, J. )

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Jagannath Ramaji Gaikwad Thr. Poa Vishvanath Jagannath Gaikwad and Anr. v. Vitthal Keshav Yewale

Case brief

What is this about?

What did the court decide?

Jagannath Ramaji Gaikwad Thr. Poa Vishvanath Jagannath Gaikwad and Anr. v. Vitthal Keshav Yewale

Case brief

What is this about?

What did the court decide?

What the court decided

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