SHRIHARI MADHAV WAGH THRU POA MR. SHAMBHURAJ SHRIHARI WAGH vs PANDURANG GOPAL WAGH AND ORS

Judgment text excerpt

2025:BHC-AS:22590 wp 5429 of 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5429 OF 2023 Shrihari Madhav Wagh … Petitioner versus Pandurang Gopal Wagh and Ors. … Respondents Mr. Surel Shah, Sr. Advocate with Ms. Vrushali Maindad, Ms. Simran Raut, Mr. Kunal Rathod, for Petitioner. Mr. Mayur Mohite, for Respondent No.1. CORAM : N.J.JAMADAR, J. RESERVED ON : 5 MARCH 2025 PRONOUNCED ON : 9 JUNE 2025 JUDGMENT : 1. Rule. Rule made returnable forthwith, and, with the consent of the parties, heard finally. 2. This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and order dated 13 April 2022 passed by the learned District Judge, Satara in Misc. Civil Appeal No.7 of 2022, whereby the appeal preferred by Respondent Nos.1 to 3 – Plaintiff Nos.1 to 3, came to be allowed by setting aside the order dated 23 December 2021 passed by the learned Civil Judge, Phaltan on an application for temporary injunction (Exh. 23) in RCS No.16 of 2021, and thereby restraining the Defendants from causing obstruction to the possession and cultivation of the Plaintiffs of the land admeasuring 3 acres out of the suit lands described SSP 1/17 wp 5429 of 2023.doc in paragraph No.1 of the plaint, till the final disposal of the suit. 3. Respondent Nos.1 to 3 and the successors in interest of their siblings instituted a suit for partition and separate possession of their 26/96th undivided interest in the suit lands with the assertion that Tukaram Rawaji Wagh was the common ancestor. He had two sons; Gopal, who passed away on 23 July 1965, and Balu, who passed away on 16 October 1962. Sarubai, mother of Madhav and Radhabai, was the first wife of Gopal. Defendants Nos.1 and 2 are the son and d