Single-judge appeal by a tenant challenging dismissal of an application for temporary injunction. Court declined relief as the property acquisition was ongoing and the owner had unsuccessfully challenged it including in Supreme Court. Appeal and interim relief rejected.
Temporary injunction application rejected. Appeal dismissed.
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1 AO-520-09.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Mhi
APPEAL FROM ORDER NO. 520 OF 2009
Shri Krishanan Janardhana Ayyangar. ... Appellant vs. State of Maharahtra & Ors. ... Respondents
Mr. Suresl S. Shah,Advocate, for the appellant Mr. S.N.Gawde, AGP, for the respondent no.1 - State. Ms. Deepa Ahuja, i/b. Shri V.B.Naik, Advocate for the respondent No.3.
CORAM: J.H.BHATIA,J. DATE : 13th September, 2010.
P.C.
2 AO-520-09.sxw
rejection of the application for temporary injunction, the appellant has come before this Court. The property in question is said to be under acquisition for the purpose of road widening project of the Municipal Corporation. It is also pointed out by the learned Counsel for the respondent No.3 Corporation that earlier the owner of the said building had challenged acquisition unsuccessfully. Even his SLP was dismissed by the Supreme Court. In view of these circumstances, the appellant, who is a tenant in the said premises, cannot be given the relief sought by him. In view of this, I find no substance in the present appeal.
2 issues framed by the court
Whether a tenant can claim injunction against possession when the owner has unsuccessfully challenged acquisition.
Whether an interim relief application in an acquisition dispute deserves continuation.
Shri Krishanan Janardhana Ayyangar
State of Maharashtra
Solapur Municipal Corporation
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
