Disposed

Haribhau Dharma Kamble v. State of Maharashtra through Office of the Government Pleader and Anr.

Bombay HC21 Aug 2023WP/2253/2021

Case brief

AI extract

What is this about?

The High Court ordered that an interim stay (Order 39 CrPC) granted vide order dated 28 June 2021 shall remain in force until the final disposal of the suit. The Trial Court is directed to decide the suit within six months from the date of the order.

What did the court decide?

Interim stay order of 28.06.2021 continued pending final disposal; Trial Court to decide suit within six months.

Haribhau Dharma Kamble Vs State of Maharashtra through… — Property and Title | Bombay HC (2023)

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2253 OF 2021

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Haribhau Dharma Kamble… Petitioner

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ATUL

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GANESH KULKARNI

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Digitally signed by ATUL GANESH KULKARNI Date: 2023.08.21 18:13:28 +0530

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V/s.

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The State of Maharashtra & Anr.… Respondents

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WITH

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WRIT PETITION NO.2255 OF 2021

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Haribhau Dharma Kamble… Petitioner
V/s.

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The State of Maharashtra & Anr.… Respondents

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Mr. Javed Hussein i/by Hussein & Co. for the petitioner
in both the WPs.

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Mr. C.D. Mali, AGP for respondent No.1/State.

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Mr. Khateeb Vakeel for respondent No.2 in both WPs.

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CORAM :AMIT BORKAR, J.

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DATED:AUGUST 21, 2023

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P.C.:

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1.The writ petitions arise out of applications under Order 39
Rules 1 and 2 of the Civil Procedure Code, 1908 whereby both the
applications filed by the plaintiff and defendant seeking injunction
against each other in relation to road has been granted by the Trial
Court in favour of the petitioner and appeal against the said order
has been allowed by the Lower Appellate Court.

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2.On perusal of the order of Mamlatdar, it appears that he has

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relied on spot panchanama. On perusal of the spot panchanama, it
appears that he has observed that there is no road in existence
over disputed property.

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3.This Court on 28 June 2021 protected the petitioner by
granting stay to the notice dated 18 June 2021. Said ad-interim
relief is in force till today. Therefore, it would be in the interest of
justice that by continuing the order, the Trial Court need to be
directed to decide the suit. Hence, following order:

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a)By way of interim relief, order dated 28 June 2021 shall
remain in force till the final disposal of suit;

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b)The Trial Court is directed to decide the suit within six
months from today.

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4. Both the writ petitions stand disposed of in above terms. No costs.

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(AMIT BORKAR, J.)

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Haribhau Dharma Kamble v. State of Maharashtra through Office of the Government Pleader and Anr.

Case brief

What is this about?

What did the court decide?

Haribhau Dharma Kamble v. State of Maharashtra through Office of the Government Pleader and Anr.

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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