SATISH VASANT SASAWADE AND ANR. v. VASANT BHUJABA SASAWADE AND ORS.
WP/7804/2017 · 2025-12-24
Shri Sandeep V Marne
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78408 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78408 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
k 1/2 27 wp 7804.17 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7804 OF 2017 Satish Vasant Sasawade and Anr. ....Petitioners V/S Vasant Bhujaba Sasawade and Ors. ....Respondent _________ Ms. Rashmi Shirke i/b Mr. Abhijeet J. Kandarkar for the Petitioners. Mr. Onkar Gawade i/b Mr. Jaydeep Deo for Respondent Nos.7 and 8. __________
CORAM : SANDEEP V. MARNE, J.
DATE : 24 DECEMBER 2025. P.C.:
1. The Petition challenges order dated 1 March 2017 passed by the learned District Judge-18, Pune, partly allowing Miscellaneous Civil Appeal No.383 of 2016, vacating the order of injunction passed by the Trial Court restraining the Defendant Nos.7 and 8 obstructing the Plaintiff’s possession of the suit property. The impugned order however retains the Trial Court’s order of injunction directing non- creation of third party rights in the suit property. The order is operational since 1 March 2017. No interim order has been passed in the present Petition.
2. Ms. Shirke would submit that despite making repeated attempts, no contact is established with the Petitioners. Mr. Gawade, the learned counsel appearing for Respondent No.7 submits that the suit is now at the stage of evidence. In that view of the matter, it would be appropriate that the suit itself is decided rather than examining correctness of order dated 1 March 2017 at this stage. katkam Page No.
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3. Writ Petition is accordingly disposed.
4. Needless to observe that the Suit shall be decided uninfluenced by any of the observations made by the Lower Appellate Court.
(SANDEEP V. MARNE, J.) katkam Page No.
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SUDARSHAN RAJALINGAM KATKAM Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date: 2025.12.24 21:25:59 +0530