Appeal against rejection of injunction application in Special Civil Suit for specific performance of agreement for transfer of saw mill. Bench held injunction against non-contractual parties was uncalled for and appeal rejected.
Appeal from order rejecting injunction application rejected. Civil Application disposed of.
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.
A.O.11/2014
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
APPEAL FROM ORDER NO.11 OF 2014 WITH
CIVIL APPLICATION NO.889 OF 2014
Mohd. Ismail Mohd. Osman
..Appellant
Versus
Dattarao Sitaram Dombe and ors.
..Respondents
Mr Amit S.Deshpande, Advocate for appellant Mr M.M.Patil (Beedkar), Advocate for respondents 1 and 2 Mr D.V.Tele, A.G.P. for respondent No.3
CORAM : N.W. SAMBRE, J.
DATE : 16th July 2014
PER COURT
2, The present appellant filed Regular Civil Suit No.5/2013 before the Court of Civil Judge, Senior Division, Parbhani for specific performance of contract of agreement dated 13th September 2007, executed by defendant No.1 in favour of plaintiff in respect of the saw mill having permit No.27/99 issued by the Deputy Conservator of Forest, along with the accessories such as electric motors of saw mill with grinder.
A.O.11/2014
2
A.O.11/2014
3
and 3 who are not party to the agreement, injunction cannot be prayed against them. He submits that the present petitioner has taken recourse to the alternate remedy in respect of saw mill before the officials of the Forest department. In that view of the matter, according to respondents, application for injunction is rightly rejected.
A.O.11/2014
4
( N.W. SAMBRE, J.)
(vvr/11.14ao)
3 issues framed by the court
Whether the High Court should interfere with the order rejecting an injunction application against parties not bound by the agreement.
Whether the appellant is entitled to temporary injunction in a suit for specific performance against defendants not party to the contract.
Whether the Bombay Forest Rules preclude the grant of injunction in the given facts.
Mohd. Ismail Mohd. Osman
Dattarao Sitaram Dombe and ors.
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
