Dismissed

Bhagyawan S/O Kisanrao Khobragade v. the Gram Panchayat, Vairagad Thr. Its Secty., and Anr.

Bombay HC28 Aug 2012LPA/290/2012

Case brief

AI extract

What is this about?

Letters Patent Appeal dismissing the appellant's challenge against orders rejecting a temporary injunction on an approach road, noting the lower courts were justified due to lack of prima facie case and balance of convenience.

What did the court decide?

The letters patent appeal is dismissed. The trial court is directed to decide the matter expeditiously within one year.

Bhagyawan S/O Kisanrao Khobragade Vs the Gram… — Writ and Judicial Review | Bombay HC (2012)

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288lpa290.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Letters Patent Appeal No. 290 of 2012 (In Writ Petition No. 4296/09)

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Bhagyawan Kisanrao Khobragade

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...Versus...

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The Gram Panchayat, Vairagad, & ors.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directio ns and Registrar's orders.

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Mr. R.M. Sharma Advocate for the Appellant.

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Ms. R.R. Kunghadkar h/f Mr. R.L. Khapre, Adv., for Res. 1 t& 2.

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CORAM : Smt. Vasanti A. Naik &

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Sunil P. Deshmukh, JJ.

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DATE : 28.08.2012.

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Heard.

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By this appeal, the appellant challenges the orders

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passed by the trial as well as first appellate court rejecting the application for grant of temporary injunction restraining the respondent from restraining the appellant from using the approach road. The appellant also challenges the judgment of the learned

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288lpa290.12.odt

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Single Judge dated 9.4.2010 upholding the orders of the trial as well as first appellate court.

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On hearing the learned counsel for the appellant and on a perusal of the orders of both the courts it appears that the courts were justified in rejecting the application filed by the appellant as the appellant had not proved a prima facie case and the balance of convenience was also not in favour of the appellant. Though the appellant had pleaded that the approach road was the only road available to the appellant for approaching the college, both the courts came to a conclusion that the appellant did not prove this fact and, on the contrary, the Gram Panchayat succeeded in prima facie proving that the public at large and the students and the staff of the educational institution of the appellant used to approach the institution by some other road. The findings recorded by both the courts being clear findings of facts, the learned Single Judge rightly dismissed the writ petition filed by the petitioner/appellant. There is no reason to interfere with the well reasoned orders of the trial as well as first appellate court.

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In the result, the appeal is dismissed with no order as to costs.

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However, since it is the case of the appellant that the approach road is the only road available for approaching the

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288lpa290.12.odt

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institution, the trial court is directed to decide the matter

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expeditiously and positively within a period of one year.

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Order accordingly.

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JUDGE JUDGE

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/TA/

Bhagyawan S/O Kisanrao Khobragade v. the Gram Panchayat, Vairagad Thr. Its Secty., and Anr.

Case brief

What is this about?

What did the court decide?

Bhagyawan S/O Kisanrao Khobragade v. the Gram Panchayat, Vairagad Thr. Its Secty., and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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