Appellant, declared owner of suit land in trial court, sought injunction to restrain obstruction. High Court dismissed appeal holding no case for injunction as trial court found appellant not in possession, rejecting merit of prayer.
Dismissed the appeal from order rejecting injunction.
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. No.85.14
(1)
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
APPEAL FROM ORDER NO.85 OF 2014
Bakiram Bhagwat Lomte ..APPELLANT VERSUS
Bharat @ Fulchand Sitaram Hajgude and anr. ..RESPONDENTS
Mr S.U. Aute, Advocate for appellant;
Mr Dhananjay Mane, Advocate holding for Mr Milind Patil, Advocate for respondent no.1
CORAM : N.W. SAMBRE, J.
DATE : 29th October, 2014
ORDER
This Appeal from Order takes exception to the order dated 1st August, 2014, passed by the Principal District Judge, Osmanabad in Regular Civil Appeal No.46 of 2014, whereby an application Exh.5 preferred by the present appellant/plaintiff for injunction against the respondents, restraining them from causing obstruction to his peaceful possession over the suit land came to be rejected.
(2)
A.O. No.85.14
of the suit land. According to him, the counter claim filed by the respondents came to be rejected. The learned Counsel submits that during the pendency of the suit the Trial Court has rejected the injunction, which was upheld by this Court. However, in view of change in circumstances, i.e. the decree for declaration in his favour by the Trial Court, entitles him for the prayer for injunction. He has invited my attention to the observations made by the learned Trial Court while partly decreeing the suit and the observations made by the learned Lower Appellate Court while rejecting the claim for grant of temporary injunction.
(3)
A.O. No.85.14
A.O. No.85.14
(4)
expedited.
(N.W. SAMBRE, J.)
amj
2 issues framed by the court
Whether a temporary injunction can be granted to the appellant who was declared owner in a suit but found not to be in possession.
Whether the dismissal of the appeal for injunction is maintainable when the trial court held the appellant is not in possession.
1 provisions across 1 enactments
Bakiram Bhagwat Lomte
Bharat @ Fulchand Sitaram Hajgude
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
