SHRI ANNAPPA MARUTI ZALKE vs SHRI RAMU BALAPPA BOGARNAL

Judgment text excerpt

WP-8341-2021.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8341 OF 2016 Annappa Maruti Zalke, ..Petitioner (Ori Aged 55 years, Occupation Agriculture, Plaintiff) R/o Yenechivandi, Taluka Gadhinglaj, District Kolhapur Versus Ramu Balappa Bogarnal, …Respondent Aged 40 years, Occupation (Ori Defendant) Agriculture, R/o. Nandanwad, Taluka Gadhinglaj, District Kolhapur. Mr. Kumar Babu Redekar, for the Petitioner. Mr. Chetan Patil, with Vishwesh Gadage, for the Respondent. CORAM: N. J. JAMADAR, J. RESERVED ON: 21st JANUARY 2025 PRONOUNCED ON: 13th MARCH 2025 JUDGMENT.: 1. This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 24th June 2016 passed by the learned District Judge, Gadhinglaj, in MCA No. 19 of 2016, whereby the Appeal preferred by the ARUN RAMCHANDRA SANKPAL respondent-defendant came to be allowed setting aside the order on the Digitally signed by ARUN RAMCHANDRA SANKPAL Application for temporary injunction (Exhibit “5”) passed by the learned Date: 2025.03.15 20:21:03 +0530 Civil Judge, Junior Division, Gadhinglaj, restraining the defendant from 1/21 WP-8341-2021.DOC causing obstruction to the possession of, and cultivation by, the plaintiff of the suit land till the final disposal of the suit. 2. Briefly stated the background facts are as under: 2.1 The petitioner instituted a suit being RCS No. 96 of 2015 for specific performance of an Agreement for Sale dated 11 th May 2002 and to restrain the defendant from causing obstruction to the possession of the plaintiff over the suit land. The plaintiff asserts that Balu Rama Bogarnal, the father of the defendant was the original holder of the suit land. It was of restricted