Writ petition challenging an interim order of the lower appellate Court which restrained the petitioner from disturbing the respondent's settled possession and obstructing the use of well water. The High Court found no reason to interfere with the interim protection.
Forbidden as the petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 3071 of 2007
1. Vikhya Laxman Wadhan
andothers ..Petitioners
vs.
1. Vipul Pranjivan Chheda
and others ..Respondents
Shri A.J.Joshi for petitioners.
Shri Nitin Gangal for respondent nos.1 and 2.
CORAM: S.C.DHARMADHIARI J.
14th December, 2007
P.C.
1. The impugned order merely restrains the
present petitioner/defendant from disturbing the
physical possession of the respondent/plaintiff
or their servants in the suit property and also
obstructing them from fetching or pumping the
well water. The lower appellate Court while
reversing the judgment of the trial Court has
observed that the material produced at the prima
facie stage shows that the respondent/plaintiffs
are in settled possession. All that the lower
Appellate Court has done is that the settled
possession is protected. The same is directed
not to be disturbed except by due process of
law. There is no reason to interfere with the
impugned order. Petition is dismissed. All
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observations in the impugned order are tentative
and prima facie and, therefore, shall not
influence the Trial Court while trying the suit.
(S.C.DHARMADHIKARI J.)
1 issue framed by the court
Whether the lower appellate Court's interim order restraining disturbance of possession and pumping of well water should be interfered with in the writ petition.
Vikhya Laxman Wadhan and others
Vipul Pranjivan Chheda and others
S. C. Dharmadhiari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court