The Single Judge rejected the petitioner's writ petition challenging a District Court order that restrained the respondent from constructing further on suit property without permission, holding the petition misplaced as the order was favourable to the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 878 OF 2022
Vijaykumar P. Suryawanshi & Ors. ...Petitioners Versus Vilas B. Dudhane ...Respondent
Mr. Suryajeet P. Chavan i/b. One Legal Bay L. L. O. for the Petitioner.
CORAM: SANDEEP V. MARNE, J. DATE : 14 JULY 2023.
P.C.:
By this petition, Petitioner challenges judgment and order dated November 26, 2021 passed by District Judge, Sangli in Miscellaneous Civil Appeal No.18 of 2020. The District Court has partly allowed the appeal by setting aside the order passed by the Trial Court on January 13, 2020 refusing interim injunction. The Trial Court has directed the defendant to maintain status quo in respect of raising of further construction on the suit property. The defendant has been conditionally allowed to carry out the work of laying of pipeline for drain water, sewage water, water tap connection without disturbing easementary right on already constructed area and subject to permission
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of Municipal Council or Village Panchayat or concerned Government department.
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in respect of alleged breach by the defendant of the order of the District Court, the Writ Petition is disposed of.
SANDEEP V. MARNE, J.
Digitally signed by KISHOR KISHOR VISHNU VISHNU KAMBLEDate: KAMBLE 2023.07.20 18:02:15 +0530
3 issues framed by the court
Whether the present writ petition challenging the District Court's order restraining the respondent from carrying out further construction is maintainable in light of the order already in favour of th
Whether the petitioner needs to challenge the District Court's ex-facie order while claiming a breach of the same.
What is the appropriate remedy for alleged breach of the District Court's order by the respondent.
Vijaykumar P. Suryawanshi & Ors.
Vilas B. Dudhane
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
