Disposed

Arvind Pannalalji Jangada v. Sureshchandra Pannalaji Jangada Jain and Others

Bombay HC24 Jan 2024WP/14895/2023

Case brief

AI extract

What is this about?

Writ petition challenged interim orders in a property suit. On joint undertaking by plaintiff and defendant no.1, with consent of defendants 2 to 6, the High Court modified both interim orders: 1/7th share (1 H 33 R) from Survey No.331 kept aside without third-party interests; remaining land free for disposal. Suit issues left open.

What the court decided

AI extract

Arvind Pannalalji Jangada Vs Sureshchandra Pannalaji… — Property and Title | Bombay HC (2024)

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2024:BHC-AUG:2085

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14895.23WP

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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914 WRIT PETITION NO. 14895 OF 2023

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Arvind s/o. Pannalalji Jangada. .. PETITIONER

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VERSUS

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1] Sureshchandra Pannalaji Jangada (Jain) 2] Madanlalji Pannalaji Jangada

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3] Mohanlal s/o. Pannalaji Jangada 4] Vijayabai Premchandji Pagariya

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5] Shantabai Premchandji Ostwal Deceased through L.R.

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5-A. Abhay Premchandji

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6] Leelabai Saklecha. .. RESPONDENTS

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Advocate for the Petitioner : Mr.A.P.Bhandari h/f.

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Mr.V.A.Bagdiya Advocate for Respondent no.1 : Adv.Ganesh Gade h/f. Adv.A.S.Jadhav

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Advocate for Respondent nos.2 to 4, 5A and 6 : Adv.R.N.Chavan

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CORAM : ARUN R. PEDNEKER, J. DATE : 24.01.2024

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P.C. :

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1] The present petitioner has challenged the interim order dated 31.05.2023 passed by the Civil Judge Senior Division, Jalna below Exh.5 in Special Civil Suit

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14895.23WP

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no.108 of 2023 and order dated 08.11.2023 passed by the District Judge, Jalna in Misc. Civil Appeal No.33 of 2023.

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2] Heard the learned counsel for the parties. In the present Writ Petition, the plaintiff and defendant no.1 have filed joint undertaking. The joint undertaking along with map is taken on record and marked ‘X’ for identification.

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3] The learned counsel for the parties submits that the affidavit is sworn before the Section Officer of this Court and the learned Advocates for the respective parties have identified the parties before the Section Officer.

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4] The learned counsel for the defendant nos. 2 to 6 have no objection to settle the matter as per the joint undertaking, and that the said defendants would also stand by the undertaking by not creating any rights adverse to the joint undertaking.

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5] The interim orders passed by both the Courts below would stand modified in terms of para nos.2 to 4 of the joint undertaking dated 24.01.2024. Para nos.2 to 4 of the joint undertaking dated 24.01.2024 reads as under :

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2. That the 1/7th share i.e. 1 Hector 33 R
from sr no. 331 Situated at Jalna is been kept
aside as mentioned in the map annexed at
Exhibit A and more Particularly marked in red
colour in the said Map with this undertaking by
the petitioner / original defendant No.1 till

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14895.23WP

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the decision of Special Civil Suit No. 108/2023
pending before the Civil Judge Senior Division,
Jalna, That the petitioner / defendant No.1
will not create any third party interest in
respect of the property to the extent of 1
Hector 33 R from land Survey No. 331 Situated
at Jalna, more particularly marked in the map
annexed at Exhibit A with this undertaking till
the decision of the special civil suit No.
108/2023 pending before the Civil Judge Senior
Division, Jalna.

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3. That the petitioner / defendant No.1 is
hereby free to dispose of the remaining land of
the survey No. 331 to the extent of adm. 2
Hector 95 R and 332 adm. 5 Hector 7 R, total
adm. land 08 Hector 02 R Situated at Jalna
situated at Jalna as per his own wish and
desire. The said undertaking is submitted
jointly and the said undertaking is binding
upon the parties.

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4. In light of the undertaking, order dated
31.05.2023 passed by the Civil Judge Senior
Division, Jalna in Special Civil Suit No.
108/2023 and the order dated 08.11.2023 passed
by the District Judge in Misc. Civil Appeal
No.33/2023, kindly be modified as per this
undertaking. The present petitioner/Defendant
No. 1 should be restrained from creating third-
party interests in the 1/7 share i.e 1 H 33 R
land from sr no. 331 Situated at Jalna marked
in the map annexed with this undertaking at
Exhibit A. All issues of fact and law may
kindly be kept open for decision at the trial
court.

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6] In view of the above, the present Writ Petition is disposed of in terms of para nos.2 to 4 of the joint undertaking dated 24.01.2024.

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DDC

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[ARUN R. PEDNEKER] JUDGE

Arvind Pannalalji Jangada v. Sureshchandra Pannalaji Jangada Jain and Others

Case brief

What is this about?

What the court decided

Arvind Pannalalji Jangada v. Sureshchandra Pannalaji Jangada Jain and Others

Case brief

What is this about?

What the court decided

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