The High Court of Judicature at Bombay Bench at Aurangabad dismissed a Writ Petition seeking to quash an order denying a temporary injunction in a civil suit. The Court held that no prima facie case for interference under Article 227 was made out.
The Writ Petition was dismissed; no costs awarded.
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 W.P. 968.2013
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 968 OF 2013
Tukaram Narayan Bodake (Reddy) V/s Sau. Vijaymala Prabhakar Kulkarni & Ors.
| Office Notes,Office | Court's or Judge's orders |
|---|---|
| Memoranda of |
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| Coram,appearances, | ................................ |
| Court's orders or |
CORAM : S.V.GANGAPURWALA, J. |
| directions and |
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| Registrar's orders | DATE : 06/03/2013 |
Mr. D.G.Chewale, Advocate for the Petitioner. Mr. C.R.Deshpande, Advocate for Resp. Nos. 1 & 2.
PER COURT :
2 W.P. 968.2013
the respondent/defendant has not left side margin from all the four (4) sides as is required under the construction permission. As the construction is not in consonance with the construction permission, the trial Court has rightly clamped the injunction. The petitioner has brought to the notice of the Municipal Corporation the fact of illegal construction carried out by the defendant. According to the learned counsel, though the Municipal Corporation is a party, they have not appeared and filed Say and they are supporting the defendant erroneously.
3 W.P. 968.2013
[ S.V.GANGAPURWALA, J. ]
KNP/W.P. 968.2013
1 issue framed by the court
Whether interference under Article 227 of the Constitution of India is warranted against the District Court order denying temporary injunction in a suit for injunction regarding illegal construction.
Tukaram Narayan Bodake (Reddy)
Sau. Vijaymala Prabhakar Kulkarni
Respondents
S.V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
