This Order of Motion adjudicated on prayer clause (b) in a partition suit. The court granted the prayer for injunction but did not pass orders on costs or other pending reliefs.
Notice of Motion disposed of and made absolute in terms of prayer clause (b).
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1057 OF 2005
IN
SUIT NO. 731 OF 2005
Sadanand Sabaji Pawar... PLAINTIFF
V/s.
Shantaram Sabaji Pawar & Ors. ... DEFENDANTS
Mr. Shailesh More for the plaintiff.
CORAM : ANOOP V. MOHTA, J.
DATED : 17th March, 2006.
P.C.
.Heard.
2. None for the defendants.
3.The basic suit is for partition between the
parties. Plaintiff is claiming 1/3rd share in the
suit property. Considering the averments made in the
Notice of Motion and in the interest of justice I am
inclined to grant prayer clause (b). The learned
counsel appearing for the plaintiff is also not
pressing other prayers at this stage of the
proceeding. In view of this Notice of Motion is
disposed of and made absolute in terms of prayer
clause (b). No order as to costs.
( 2 )
[ANOOP V. MOHTA, J.]
3 issues framed by the court
Whether a temporary injunction order should be made absolute in a partition suit.
Whether the court can grant only the prayer clause for injunction on the basis of interest of justice.
Whether the plaintiff is entitled to relief in lieu of the entire suite of prayers for partition and injunction.
Sadanand Sabaji Pawar
Shantaram Sabaji Pawar & Ors.
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court