Writ petition challenging interim injunction orders in an eviction suit was disposed of by consent. Petitioner undertook to remove grills blocking the plaintiff's access within four weeks. Defendant restrained from obstructing access or alienating the property until the rent suit is decided; suit to be decided on merits.
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909-wp10608-17.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed by VASANT VASANT ANANDRAO IDHOL ANANDRAO Date: IDHOL 2024.04.29 12:10:43 +0530
WRIT PETITION NO.10608 OF 2017 WITH CIVIL APPLICATION NO.1329 OF 2018
Ghansham T. Dembla ...Petitioner V/s. Dr.Rustum S. Boyce & Anr. ...Respondents
Mr.Subhash Ghatge i/b Mr.Mohanish Ghatge for the Petitioner.
Ms.Snehal Modi with Mr.J. Pandhari for Respondent No.1.
CORAM : RAJESH S. PATIL, J. DATE : 25TH APRIL , 2024.
P.C. :-
counsel have agreed to dispose of this Writ Petition with certain directions.
filed by the Plaintiff, which was granted by the Trial Court and by the Appellate Bench of the Court of Small Causes. The
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present Writ Petition filed in the year 2017 challenges both the orders. There was no protection granted by this Court to the Petitioner / Defendant.
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interest in the suit property till the decision of R.A.E. & R. Suit
No.313/533 of 2012.
passed by the Court of Small Causes, Mumbai, the same being Interim Orders.
decided on its own merit after hearing both the parties.
disposed of.
(RAJESH S. PATIL, J.)
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1 issue framed by the court
Whether interim injunctions in an eviction suit protecting the plaintiff's access to the suit premises should continue pending trial, and on what conditions regarding the defendant's obstructions.
Ghansham T. Dembla
Dr.Rustum S. Boyce
Anr.
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
