The High Court dismissed a writ petition challenging the reversal of a temporary injunction. The court held that the seminal partition finding was not perverse and refused extension of status quo due to the petitioners' unclean hands.
Prayer for extension of status quo rejected; petition 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.
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
WRIT PETITION NO. 5359 OF 2009
versus
Mr. G.V. Wani, Advocate, for the petitioners.
Mr. R.M. Deshmukh, Advocate, for respondent nos.1 to 3.
Mr. S.G. Nandedkar, Assistant Government Pleader, for respondent no.4.
(2)
CORAM : B.R. GAVAI, J.
DATE : 15TH DECEMBER 2009.
COURT'S ORDER :
(3)
partition, is yet to be adjudicated. He further submits that, in any case, petitioner nos.2 and 3, who are adjoining owners, have a right of preemption.
(4)
was a party to the earlier proceedings, which came up to this court, by way of Writ Petition No. 4262/2004 and wherein this court confirmed the prima facie finding of the appellate court in Miscellaneous Civil Appeal No. 81/2002, thereby negating the finding regarding the family arrangement, the petitioners have not even whispered about the said proceedings either in the plaint or in the present petition. In that view of the matter, apart from not noticing any perversity in the approach adopted by the learned Judge of the appellate court, the petitioners are further not entitled to equitable relief under Article 227 of the Constitution, on the ground of suppression of material facts from the trial court, as well as, this court.
( B.R. GAVAI )
JUDGE
bgp/wp5359
2 issues framed by the court
Whether this court should interfere with the appellate order reversing the temporary injunction under Article 227 of the Constitution.
Whether the petitioners are entitled to equitable relief given the suppression of material facts and adverse conduct previously adjudicated.
2 provisions across 2 enactments
Smt. Radhabai w/o. Sonu Gadhari
Shri Ramrao Bhila Gadhari
Shri Shaymrao Bhila Gadhari
Sushilabai Vishram Gadhari
Adhikar Vishram Gadhari
The Collector, Jalgaon
B.R. GAVAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
