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2017 Supreme(Bom) 488

MRIDULA BHATKAR
Union of India – Appellant
Versus
Haresh Virumal Milani – Respondent


Advocates Appeared:
For the Petitioners: Dr. G.R. Sharma, Mr. Dhirendra P. Singh
For the Respondent: Mr. Nilesh C. Ojha

JUDGMENT :

Rule. Rule made returnable forthwith. By consent, the Petition is heard finally and disposed of at the stage of admission.

2. In this petition under Article 227 of the Constitution of India the orders dated 11.01.2017 and 16.02.2017 passed by the learned 3rd Jt. Civil Judge, Senior Division, Pune in Misc. Application No. 946 of 2012 in Regular Civil Suit No. 881 of 2011 are challenged.

3. The original plaintiff i.e. the respondent has filed the Suit for simplicitor injunction against the defendants i.e. the petitioners from obstructing his possession on the suit land or from dispossessing him and also to restrain the defendants from destroying any documents in their possession relating to the suit land. During the pendency of the trial, the application was filed by the plaintiff that the defendants i.e. the petitioners have made a false statement on oath in their written statement that the suit property i.e. land is owned by the defendants and they have acquired the suit land under Acquisition Act in February 1970. The plaintiff has pleaded that on account of false statement made on oath in the written statement, the defendants have committed offence and therefore, cognizan










































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