MR. DEVENDRA RAMCHANDRA PALASMKAR vs MR. GAJANAN RAGHUNATH PATKAR AND ORS

Judgment text excerpt

28 FA660-13.doc TRUSHA IN THE HIGH COURT OF JUDICATURE AT BOMBAY TUSHAR MOHITE CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date: 2025.02.13 17:07:23 +0530 FIRST APPEAL NO.660 OF 2013 WITH CIVIL APPLICATION NO.2138 OF 2013 Devendra Ramchandra Palsamkar .. Appellant Versus Gajanan Raghunath Patkar .. Respondent Mr. Pradeep Thorat a/w Ms.Aditi Naikare a/w Mr.Aniesh Jadhav, Advocate for the Appellant Mr.Ashutosh Kaushik a/w Ms.Namrata Parmar, Ms.Laxmi Mishra i/b M/s.Kaushik and Co., Advocate for the Respondent Nos.1 to 3. CORAM: FIRDOSH P. POONIWALLA, J. RESERVED ON: 5th DECEMBER, 2024 PRONOUNCED ON: 13th FEBRUARY, 2025 Judgement: 1. This First Appeal is filed by the Original Defendant No.1 challenging the Judgement dated 1 st October 2012, passed by the Bombay City Civil Court at Dindoshi, decreeing Suit No.1341 of 2010. Page 1 of 33 FEBRUARY 13, 2025 Mohite 28 FA660-13.doc 2. In the present Judgement, the parties are described in the same manner as they were described in the Suit. 3. Suit No.1341 of 2010 was filed seeking the following relief: “a) That this Hon'ble Court be pleased to restrain the defendant No.1 his servants, agents, contractor/s or any person or persons claiming through under or by him permanently by an order and injunction of this Hon'ble Court from entering into, remaining upon, dispossessing the Plaintiffs and/or disturbing the peaceful possession of the plaintiffs on the suit property and/or constructing unauthorised sheds/structures/chawl's and/or from carrying out any unauthorised construction activities of whatsoever nature of otherwise from encroaching upon the suit property i.e. the land admeasuring m24 Gunthas equivalent to 2458.5sq. meters or thereabouts bearing survey No.178, Hissa No.1, Corresponding C.R.S.NO.171, 1