MUMTAZBEG RUSTAMBEG Vs. ABDUL RASHID MOHD WAZIR

JUDGEMENT

(1.) Rule. Heard forthwith by consent of learned counsel for the parties. Heard Mr.Khapre for the petitioners and Mr.Chandurkar for the respondents.

(2.) Without going into the merits of this matter, Mr.Khapre argued that on 15.4.2008, this Court made ad interim order and since then the same is in operation. The petitioners have undertaken construction of latrine and the same is complete. Now the stand taken is that since the construction is completed, the civil suit being of 1983, should be expedited without asking the petitioners to remove the constructed portion.

(3.) Mr.Chandurkar, learned counsel for the respondents, argued that he had filed caveat in this Court on 1.3.2008 and ad interim order was made by this Court on 15.4.2008. He pointed out one envelope which shows that there is an endorsement of 10.3.2008 that the petitioners did not claim the said envelope containing the copy of the caveat filed by Mr.Chandurkar and that was sent by Mr.Chandurkar by R.P.A.D. It appears that the Registry also failed to make correct endorsement when the petition was circulated before this Court that caveat was filed on 1.3.2008 by Mr.Chandurkar. The endorsement made by the Registry on 11.4.2008 shows "caveat not filed".