This writ petition challenged Trial Court and District Court orders in an injunction suit regarding property identification via a contested Consolidation Map. The Court found an arguable case for stay and notices.
Stayed the impugned orders dated 29.09.2023 and 06.12.2023. Issued notice to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
23. CIVIL WP-8413-2024.docx
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8413 OF 2024
Versus
Prakash Nagnath Rajmane & Ors. .. Respondents
CORAM : MILIND N. JADHAV, J. DATE : JUNE 18, 2024
P. C.:
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23. CIVIL WP-8413-2024.docx
evidence has been rejected by the Authorities and to that extent, he would draw my attention to page Nos. 74-75 of the Petition to substantiate his submissions. He would submit that by virtue of the said consolidation map which has been taken into cognizance, criminal case is pending on the premise that the said consolidation map was a forged map. He would submit that in that view of the matter, fact whether the suit property which is subject matter of Suit proceedings between parties would be required to be correctly identified qua its situation and location is precisely the bone of contention between the parties. Mr. Patil would submit that submissions made by both parties are to the contrary in so far as situation and location of suit property in alignment and in consonance with the Pune-Pandharpur Highway is concerned. The Court’s consideration is highly questionable and therefore the impugned orders are bad in law.
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23. CIVIL WP-8413-2024.docx
any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date. After receiving the notice, Respondents to file affidavit-in-reply on or before the next date, if so desired with an advance copy to the Advocate for Petitioners.
Amberkar
[ MILIND N. JADHAV, J. ]
Digitally signed RAVINDRAMOHAN by RAVINDRAMOHANAMBERKAR AMBERKAR Date: 2024.06.19 11:03:15 +0530
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1 issue framed by the court
Whether to stay the impugned orders of the Trial Court and District Court regarding the injunction suit and issue notice to respondents.
Chandrakant Bhanudas Jadhav & Ors.
Prakash Nagnath Rajmane & Ors.
MILIND N. JADHAV
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
