This single judge dismissed a writ petition under Article 227 challenging the dismissal of an appeal against a temporary injunction. The court held that at the injunction stage, only prima facie proof of possession is needed and the lower courts took a plausible view.
The writ petition was dismissed with no order as to costs.
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 wp 2090.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2090 OF 2012
Madhukar Laxman Teke and others .. Petitioners
Versus
Shankar Baburao Thombre & another .. Respondents
Shri V. S. Janephalkar, Advocate for Petitioners. Shri S. K. Shinde, Advocate for Respondent Nos. 1 to 3.
CORAM : S. V. GANGAPURWALA, J. DATE : 09TH MAY, 2012.
PER COURT :
. The present respondents have filed a suit for injunction. Along with suit also filed an application for temporary injunction. The said application is allowed. Aggrieved thereby the defendants filed an appeal before the District Court. The District Court dismissed the appeal. The defendants have assailed the said judgments in the present writ petition.
2 wp 2090.12
possession of the property. They were never in possession of the property. Mere entries in the revenue record are not sufficient to establish possession. The learned counsel relies on the judgment of learned Single Judge of this Court in a case of Rama Gunjal
Vs. Vithal Gunjal reported in 1997(2) Bom. C. R. 230 . The learned counsel further contends that the panchanama is placed on record which shows that the land was barren and was not cultivated. As such, it cannot be said that the respondents are in possession of the property. According to the learned counsel both the Courts have committed error in allowing the application for temporary injunction.
3 wp 2090.12
[ S. V. GANGAPURWALA, J. ]
bsb/May 12
1 issue framed by the court
Whether the High Court can entertain a writ petition under Article 227 challenging the Courts below in allowing an application for temporary injunction where only prima facie proof of possession is re
Colour shows how this judgement treated each authority
Rama Gunjal Vs. Vithal GunjalReferred¶13
1997(2) Bom. C. R. 230 · Who else cites this
1 provisions across 1 enactments
Madhukar Laxman Teke and others
Shankar Baburao Thombre & another
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
