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Madhukar Shripati Shendge v. Radhabai Bajirao Shendge and Ors.

Bombay HC24 Feb 2025WP/2443/2025

Case brief

AI extract

What is this about?

District Judge's interference with Civil Judge's discretionary/interlocutory order; interim restraint against defendant disturbing possession and construction over Gat No. 1/10; rival prima facie views on jointness versus partition of suit properties despite mutation entries in record of rights; appeal in RCS No. 70 of 2024, Satara; writ jurisdiction of Bombay High Court; notice for final disposal returnable 24.03.2025; interim status-quo direction; no statutes or precedents cited.

What did the court decide?

Petition entertained; notice for final disposal issued to respondent No. 2, returnable 24.03.2025, with liberty to serve by private process and file affidavit of service; parties directed to maintain status-quo in the meanwhile. No merits decision rendered. ¶25

Madhukar Shripati Shendge vs Radhabai Bajirao Shendge and Ors. — Bombay HC (2025) — LawSathi Research

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24-wp-2443-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2443 OF 2025

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VISHAL SUBHASH PAREKAR

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Digitally signed by VISHAL SUBHASH PAREKAR Date: 2025.02.24 20:30:08 +0530

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Madhukar Shripati Shendge

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...Petitioner

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vs.

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Radhabai Bajirao Shendge and Ors. ...Respondents

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Mr. P.B. Gujar, for the Petitioner.

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CORAM : N. J. JAMADAR, J. DATE : FEBRUARY 24, 2025

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P.C:

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Heard the learned counsel for the parties.

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The challenge in this petition is to an order dated 29^th January, 2025 passed by the learned District Judge, Satara whereby the learned District Judge allowed the appeal preferred by the respondent No. 2/ defendant No. 2 by setting aside the order dated 23^rd April, 2024 passed by the learned Civil Judge Junior Division, Satara in RCS No. 70 of 2024 restraining the defendant No. 2 from disturbing the plaintiff’s possession and carrying construction over the suit property bearing Gat No. 1/10.

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