In a second appeal regarding a suit for possession, the single judge held that an injunction could be clamped on the defendants. The appeal was disposed of by allowing a civil application for stay of the impugned decree till final disposal.
Stay to the impugned decree is granted till final disposal of the appeal.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
919 CIVIL APPLICATION NO.11047 OF 2021
IN
SECOND APPEAL NO.424 OF 2021
KARBHARI @ SHIVAJI GITARAM @ SITARAM BACHKAR
VERSUS
DADASAHEB BABURAO KARMAD AND OTHERS
Mr. A.B. Kale, Advocate for the applicant
Mr. D.K. Kulkarni, Advocate for the respondent No.2
CORAM :SMT. VIBHA KANKANWADI, J.
DATE :17th NOVEMBER, 2021
ORDER:
1In the suit itself the prayer was made for possession, on the
ground of dispossession and, therefore, the question is, as to whether the
injunction could have been clamped on the defendants. Hence, it requires
stay to the impugned decree. Therefore, there shall be stay to the impugned
decree till final disposal of the appeal. Civil Application No.11047 of 2021
stands allowed and disposed of.
( Smt. Vibha Kankanwadi, J. )
agd
2 issues framed by the court
Whether the injunction could have been clamped on the defendants in a possession suit.
Whether a stay should be granted on the impugned decree pending final disposal of the appeal.
Karbhari @ Shivaji Gitaram @ Sitaram Bachkar
Dadasaheb Baburao Karmad
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court