The High Court rejected a writ petition seeking to interfere with orders denying temporary injunction to petitioners in a suit for injunction regarding land obstruction.
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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Ash
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 363 OF 2010
Shri Arjuna Mahadu Chougle & Anr. .. Petitioners Vs Shri Maruti Bhagoji Dige & Ors. .. Respondents
Shri A.M. Adagule for the Petitioners. Smt. Anjali Helekar for the Respondents.
CORAM : A.S.OKA, J. DATE : 9TH APRIL, 2010
P.C:
. Heard learned counsel appearing for the parties. The
Petitioners are the Original Plaintiffs and the Respondent are the Defendants. A suit for injunction has been filed by the Petitioners. The Petitioners claim to be in possession of the suit land more particularly described in Paragraph 1 of the Plaint. The allegation in the plaint is that the Respondents are trying to make a road through the suit land. An application for temporary injunction was made by the Petitioners. Initially adinterim relief was granted in favour of the Petitioners. The application for temporary injunction was rejected by the Trial Court and the Appeal preferred by the Petitioners has been dismissed by the District Court.
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that there was no evidence on record to show that the Respondents have any right in respect of the suit land. He submitted that there is nothing on record to show that any road is passing through the suit land. He submitted that reliance placed by the Respondents on the order dated 4th April, 2007 passed by the Tahsildar will not help them and the said order has been passed behind the back of the Petitioners.
(A.S.OKA, J)
2 issues framed by the court
Whether writ jurisdiction under Article 227 of the Constitution of India is made out to interfere with the orders of the Courts below denying temporary injunction.
Whether the High Court can interfere with the trial court's order holding that temporary injunction is denied.
2 provisions across 2 enactments
Shri Arjuna Mahadu Chougle & Anr.
Shri Maruti Bhagoji Dige & Ors.
A.S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court