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2025 DAILYLAW 46042 (BOM)

DYANESHWAR S/O VITHALRAOJI CHAMMAT v. SHRI MADHUKAR S/O VISHWANATH CHAMMAT AND OTHERS

CAS/122/2025 · 2025-02-24

Shri M W Chandwani

body2025

Judgment text

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15 CAS-122-2025 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (S) NO.122 OF 2025 IN SECOND APPEAL NO.245 OF 2015 [Shri. Dyneshwar S/o Vitthalraoji Chammat ..Vs.. Shri. Madhukar S/o Vishwanath Chammat and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr A. M. Ghare, Advocate for Applicant/Appellant. Mr P. K. Mishra, Advocate for Non-Applicant/Respondent Nos.1 to 3. CORAM : M. W. CHANDWANI, J. DATE : 24 th FEBRUARY , 2025. 1. Heard. 2. By the present application, the applicant/appellant seeks to maintain status-quo in respect of the suit property. 3. The allegation made in the application is that some construction activities are going on upon the suit property. The photographs filed on record alongwith the application go to show that for protecting the suit property, precasting work is being carried out by the respondents. The respondents have drawn my attention to the order dated 07.05.2015, which goes to show that the property was already protected by barricade made of tin-sheets around it, however, the respondents were directed not to carry out any development on the land. The precasting work which is being carried out by the respondents does not appear to be developing the property. There is no merit in the application, and therefore, the application is rejected. TAMBE 2025:BHC-NAG:1845 15 CAS-122-2025 2 4. The respondents shall not claim any equity i.e. claiming the damages towards precasting work. JUDGE Tambe TAMBE