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2007 Supreme(Bom) 1031

S.B.DESHMUKH
State of Maharashtra – Appellant
Versus
Md. Sharif s/o Haji Sharif – Respondent


Advocates appeared:
Shri. D.V. Tele, A.G.P. for petitioners.
Shri. P.G. Godhamgaonkar, Advocate for respondent No.1.
Shri. M.V. Deshpande, Advocate for respondent No.2.

JUDGMENT

This petition is directed against the judgment and the order passed by the learned Principal District Judge, Nanded, in Misc. Civil Appeal No.108/2006 on 22-11-2006.

2. The petitioners in this writ petition, are the defendants in R.C.S. No. 223/2006 filed by the respondent, who is the plaintiff in that suit. Parties hereinafter, are referred to their status as plaintiff and the defendants in R.C.S. No.223/2006. The plaintiff, sought a decree for perpetual injunction restraining the defendants, their employees and servants from making any sort of interference and obstruction to the peaceful possession of the plaintiff in C.T.S. No.9978 and 9980, corresponding to Municipal Corporation No.1-14-1035 out of land Survey No. 19 of village Asadullabad. The area of the suit property is to the tune of 4215 sq. ft. as described in the suit itself. This application, Exhibit-8, is filed alongwith the suit itself on 14-03-2006. Initially, the trial court, issued notice to the defendants. According to the learned counsel for the respondents Mr.Godhamgaonkar, status quo was issued by the trial court by passing order on Exhibit-22. Thereafter, below Exhibit-37, the trial Court has further p
















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