Zilla Parishad Pune vs. Ganesh Kisan Adsarae

Order - Status 5: spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4379 OF 2011 Zilla Parishad Pune ... Petitioner. V/s. Shir Ganesh Kisan Adsare & Ors. ... Respondents. Mr. Shekhar i/by J. Shekhar & Co. for the Petitioner. CORAM : D.G. KARNIK, J DATED : 11th July 2011 P.C. 1 Issue notice to the respondents returnable at the end of eight weeks. Notice to indicate that the petition may be heard finally at the stage of admission itself. 2 In addition to the court service, the petitioner is directed to serve the respondents by a private notice by hand delivery or by speed post registered AD and file affidavit of service on or before the next date. 3 In the meanwhile, it is clarified and ordered that the order of injunction granted by the trial court and confirmed by the appellate court shall not in any prevent the petitioner from initiating any proceedings in accordance with the law. The petitioner, however, shall not disturb the possession of the respondents nor evict them except by due process of law. (D.G.KARNIK, J) .....

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4379 OF 2011 Zilla Parishad Pune .. Petitioners v/s. Ganesh Kisan Adsare & Ors. ..Respondents Mr. J. Shekhar for the petitioners Mr. Abhijit B. Kadam for respondent no.3 Mr. S.R. Agarkar for respondent nos. 1 and 2. CORAM : R.Y.GANOO, J. DATED : 26th MARCH, 2012. P.C. : Respondent nos. 1 and 2 filed R.C. Suit No.99 of 2010. In the said suit, learned Joint Civil Judge, Junior Division, Junnar passed order on 30th November, 2010 thereby restraining present petitioners from demolishing the suit property and from constructing the compound wall till the final disposal of the suit. The said Judge also issued an order of injunction restraining the petitioner nos.1 and 2 from disturbing peaceful possession and enjoyment of respondent nos. 1 and 2 from the suit property till the disposal of the suit. This order was challenged by the petitioners in Misc. Civil Appeal No.369 of 2010. The said appeal has been dismissed by learned District Judge14, Pune by order dated 19th April,l 2011. Hence, this writ petition is filed. After having perused the impugned order, it is clear that the learned trial Judge accepted the case of the respondent nos. 1 and 2 and issued an order of injunction. The order passed by the learned trial Judge was confirmed by the appellate Court i.e. District Court. In such a situation, it would not be proper for this Court to interfere with the orders passed by the Courts below. The learned advocate for the petitioners states that the petitioners shall adopt appropriate proceedings to redress their grievances so far as respondent nos. 1 and 2 in a competent Court. Statement made by learned advocate for the petitioners is recorded. As and when such proceedings are filed, the petitioners are free to apply to the Court of learned Joint Civil Judge, Junior Division, Junnar, Dist. Pune for vacation the order passed by the learned Joint Civil Judge, Junior Division, Junnar on 30th November, 2010 on the ground that no purpose will be served by continuing the order of injunction on account of the proceedings, which would be filed by the petitioners. With the aforesaid observation, petition stand disposed of. There shall be no order as to costs. [R.Y.GANOO, J.]