MR. JAGANNATH KRISHNA NARVEKAR vs SHRI. RAVINDRA TUKARAM AMBRE

Judgment text excerpt

1-WP-8285-2015-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8285 OF 2015 Mr. Jagannath Krishna Narvekar, Age : 63 years, Occ.: Agriculturist, Residing at At and Post Mervi, Taluka and District-Ratnagiri. ...Petitioner Versus Shri. Ravindra Tukaram Ambre, Age : 51 years, Occ.: Agriculturist, Residing at At and Post Mervi, Taluka and District-Ratnagiri. ...Respondent __________ Ms. Anjali N. Helekar i/b Ms. Anu C. Kaladharan, learned Advocate for the Petitioner. Dr. Uday Warunjikar i/b Mr. Sumit Kate, learned Advocate for the Respondent. __________ CORAM : ASHWIN D. BHOBE, J. [VACATION COURT] DATE : 6th JUNE 2025. JUDGEMENT : 1. Heard Ms. Anjali Helekar, learned Advocate for the Petitioner and Dr. Uday Warunjikar, learned Advocate for the Respondent. 2. Rule. Rule made returnable forthwith and by consent of the parties heard finally. 3. Petitioner (original Defendant/judgment debtor) by the present Petition under Article 227 of the Constitution of India, assails the order dated 9th June 2015 passed by the 2 nd Joint Civil Gitalaxmi Page 1 of 10 1-WP-8285-2015-J.doc Judge, Ratnagiri (learned Judge) in Execution Application No. 8 of 2014, allowing the Application dated 20 th March 2015 at Exhibit- 44, filed by the Respondent(original Plaintiff/decree holder). Factual Matrix : 4. Respondent instituted Regular Civil Suit No. 69 of 2010 before the Civil Court at Ratnagiri seeking the following reliefs :- “a. An order be issued directing the Defendant to remove the obstacles he has placed at points A, B and C on the map attached to the Suit, thereby clearing the road leading to the Plaintiff’s non-agricultural suit property immediately. b. A permanent injunction be issued against the Defendant, preventing him from obstruct